Sider v. Sider

639 A.2d 1076, 334 Md. 512, 1994 Md. LEXIS 59
Court of Appeals of Maryland·Decided April 18, 1994·No. 101, September Term, 1993·Published·Cited by 43 cases

Opinions

MURPHY, Chief Judge.

Our grant of certiorari in this case focuses on two interrelated issues: (1) whether a trial court may deny a petition to establish paternity jointly filed by the mother and the putative biological father of the child, and (2) whether in a divorce proceeding, custody of a minor child may be awarded to the husband, who is not the father of the child when both the mother and the biological father advocate that custody be awarded to the mother.

I

On October 22, 1983, Bruce Harlan Sider (Bruce) and Debbie Lynn Sider (Debbie) were married.1 Debbie’s son from her previous marriage, Sean Dansburger (Sean), resided with Debbie and Bruce in their marital home. The marriage was tumultuous from the very beginning; periods of cohabitation alternated with periods of separation. Even during the [515] periods of cohabitation, the couple would go for months at a time without sexual relations.

Sometime in the spring of 1989, Debbie had a three week affair with Gus Economides (Gus).2 Debbie gave birth to a son, Brock Daniel Owen Sider (Brock), on January 7, 1990. Debbie maintains that she and Bruce had their doubts regarding the paternity of the child; Bruce, however, claims that both he and Debbie believed that he was the father of Brock. Gus was unaware of Debbie’s pregnancy and of Brock’s subsequent birth.

In September, 1991, Debbie left the marital home for the last time. On October 2, 1991, Bruce filed a Complaint for Final Divorce or Limited Divorce in the Circuit Court for Anne Arundel County.3 In his complaint, Bruce cited Debbie’s then-ongoing adulterous affair with George Brooks (George) as the grounds for divorce.4 In addition to a prayer for divorce, Bruce also requested in his complaint, inter alia, (1) that he be awarded permanent custody of Brock, (2) that he be awarded liberal visitation rights with Sean, (3) that he be awarded child support, (4) that he be granted use and possession of the family home, and (5) that the court make a monetary award to him.

On October 16, 1991, Bruce filed a Motion for Emergency Hearing. The grounds for the motion were that on October 12 Debbie “abandoned and deserted the family home and took with her [Brock].” Bruce further alleged in this motion that Debbie “would not reveal where she was going [ ], nor where she would be residing, nor where [Brock] would be.” In a [516] somewhat contradictory statement, he also asserted that he “has reason to believe that [Debbie] and [Brock] are presently residing with George Brooks.” Bruce, therefore, requested that the court expeditiously grant an emergency hearing to resolve the custody issues relating to Brock. On October 18, 1991, the court granted Bruce’s motion and set the emergency hearing for November 1, 1991.

Sometime during this legal maneuvering, George approached Gus and informed him that Debbie suspected that Gus, and not Bruce, was Brock’s father. Gus agreed to take a blood test; the results, dated October 25, 1991, indicated a 99.91% probability that Gus was in fact the father of Brock.5 On October 31, 1991, Debbie and Gus jointly filed in the Circuit Court for Howard County a Petition to Establish Paternity. The court ordered Bruce to show cause, on or before November 30, 1991, why Gus should not be declared to be Brock’s biological father.

In the interim, on October 31, 1991, Debbie filed in the Circuit Court for Anne Arundel County, a motion to stay the divorce and custody proceedings pending the outcome of the paternity case in Howard County. Instead, on November 21, 1991, the court (Cawood, J.), in conjunction with the Circuit Court for Howard County (Sybert, J.), stayed the paternity case in that jurisdiction pending the resolution of the divorce and custody case in Anne Arundel County.

At the November 1, 1991 emergency custody hearing, the court, pursuant to a stipulation by the parties, resolved the temporary custody issues. The Pendente Lite Order provided for Debbie to have custody of Brock during the week and for Bruce to have custody on weekends, with the exception of Thanksgiving and. Christmas vacations when Brock would be [517] with Bruce.6

On January 20, 1992, Bruce filed a Petition for Contempt and Other Relief. Bruce alleged that Debbie, in violation of the Pendente Lite Order, denied his judicially scheduled visitation of Brock on several occasions. The resolution of this contempt petition is not disclosed in the record.

On February 12, 1992, Debbie filed, in the Circuit Court for Anne Arundel County, a motion to consolidate the Howard County paternity case and the Anne Arundel County divorce and custody case. The court granted this motion on May 22, 1992.

Earlier, on February 12, 1992, Debbie sought a court order requiring Bruce to submit to a blood test. She averred in her motion that Gus was Brock’s biological father. Bruce answered this motion and denied that Gus was the biological father. The court denied Debbie’s motion without a hearing.

On March 13, 1992, the court issued another order, which reiterated that Debbie have custody of Brock during the week and that Bruce have custody of Brock on the weekends. On June 8, 1992, Bruce again filed a Petition for Contempt and Other Relief alleging that Debbie was refusing to permit him to see Brock in violation of the court’s March 13 Order. After a July 17, 1992 contempt hearing, the court (Lerner, J.) found Debbie in contempt and sentenced her to ninety days in the Anne Arundel County Detention Center, but suspended the sentence contingent on Debbie obeying all court orders.

Debbie filed a second Motion for Blood Test on August 10, 1992. In his answer, Bruce maintained that, in denying Debbie’s previous motion for blood test, “Judge James C. Cawood has already ruled a blood test unnecessary as paternity is not in dispute.” Debbie eventually withdrew this motion at the beginning of the trial after the court ruled that:

[518] “there was no question from a biological point of view, based on [Gus’s blood] test and I think it was conceded that was [the] reason not to [have Bruce] take [a blood] test, that [Gus] was, in fact, the biological father.”

After the consolidated trial in August, 1992, Judge Cawood, in an opinion dated September 11, 1992, with respect to the paternity case, concluded:

“There is little dispute that, at a time when she was having sexual relations with her husband and with Gus Economides, Defendant Debbie Sider became pregnant. She was not sure who the father was. However, she treated the child as that of her husband, Bruce Sider. He had no idea that anyone else was the father.

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Sider v. Sider, 639 A.2d 1076, 334 Md. 512, 1994 Md. LEXIS 59 (Md. 1994).

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