Jones v. Salter

Docket: No. 292

Court: Court of Appeals of Maryland; May 28, 1969; Maryland; State Supreme Court

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The case involves Joanne Maria (Salter) Jones, who divorced Michael Salter in 1966 and was initially awarded custody of their three children, with the father granted reasonable visitation rights. Following the mother's involvement in an illicit relationship, the court deemed her an unfit mother and awarded custody to the father, denying her visitation until she ended the relationship. After the mother married Charles Jones, she petitioned for visitation rights, which led to a court order in 1968 granting her limited visitation of two hours every other Sunday at the father's home, without her current husband or her other child.

On appeal, the mother contended that the visitation order was excessively restrictive. The court agreed, noting that the best interests of the child are paramount in custody matters. It cited various precedents emphasizing that each case should consider its specific facts. The appellate court found the limitations on visitation—specifically the short duration, mandatory location, and restrictions on companionship—were unsupported by the record, especially since the mother had ended her illicit relationship.

The appellate court modified the visitation order to grant the mother reasonable visitation rights on weekends from 9:00 a.m. Saturday to 8:00 p.m. Sunday, affirming the order as modified. The costs of the appeal were to be borne by the appellee.