Karanikas v. Cartwright
61 A.3d 69
Md. Ct. Spec. App.2013Background
- Parents of a nine-year-old child seek modification of custody after relocation to Pennsylvania; Mother awarded primary physical custody and child support; Father contests 1) judge disqualification, 2) child interview conduct, 3) child support amount
- Relocation disputes began 2012 with mediation failing to agree on relocation terms; temporary restraining orders and pendente lite orders kept child in Maryland pending trial
- Relocation trial held September 2012; second judge denied disqualification; interim custody order issued September 17, 2012 awarding Mother sole custody and ordering Father to pay $2,883 monthly child support
- Trial court found Maryland child support guidelines inapplicable due to income above schedule; court extrapolated guidelines and considered factors under FL § 12-202(a) and § 12-204; found Father’s income substantially higher
- Appellate court reviewed motions for disqualification under an objective standard and held no abuse of discretion; child interview conducted in chambers; child support award affirmed
- Judgments affirmed; costs taxed to Father
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disqualification of judge | Father contends bias from judge's remarks and interview handling | Mother argues no appearance of impropriety; sufficient analysis by recusal panel | No abuse; disqualification denied |
| Handling of child interview | Father argues interview was grudgingly and narrowly conducted; Sanders requirement ignored | Judge conducted flexible interview and considered arguments; informed record | No abuse; interview properly conducted and weighed in custody decision |
| Child support amount | Above-guidelines extrapolation used; insufficient analysis of best interests | Income exceeds guidelines; court has discretion to set above-guidelines award with factors found | No abuse; discretion exercised with findings; affirm $2,883/mo |
Key Cases Cited
- Leary v. Leary, 97 Md.App. 26 (Md. 1993) (court may interview child; weighs but not binds custody analysis)
- Lemley v. Lemley, 102 Md.App. 266 (Md. 1994) (no fixed age for listening to child; consider capacity and implications)
- Marshall v. Stefanides, 17 Md.App. 364 (Md. 1973) (court has discretion to interview child in custody cases)
- Casey v. Casey, 210 Md. 464 (Md. 1956) (court may consider child’s views; not required to interview all children)
- Montgomery County v. Sanders, 38 Md.App. 406 (Md. 1977) (best interests governs custody modifications; no litmus test for interviewing a child)
- Voishan v. Palma, 327 Md. 318 (Md. 1992) (above-guidelines extrapolation permissible; judge may exercise independent discretion)
- Frankel v. Frankel, 165 Md.App. 553 (Md. 2005) (above-guidelines support; require findings of factors incl. needs and ability to pay)
- Otley v. Otley, 147 Md.App. 540 (Md. 2002) (guidelines above maximum; discretion to set amount beyond schedule)
- Surratt v. Prince George's County, 320 Md. 439 (Md. 1990) (review of bias is an objective standard for recusal )