Ordinarily the best interest and welfare of the children of the same parents is best served by keeping them together to grow as brothers and sisters under the same roof. There is no presumption that the best interest of siblings is preserved by keeping the children together. However generally, Maryland divorce law frowns upon division of siblings. There are a number of cases in Maryland divorce law where the Court has determined that the living arrangement which separated the siblings was to remain in tact since the children were driving in that living arrangement. Davis v Davis 280 Md 119 (1977) is an example where the court upheld the division where the youngest child had resided for two years with the mother without her siblings and had adjusted well to that arrangement. In Byrce v Bryce again the court upheld the division of siblings where the 2 older children had been with the mother and the youngest remained with the father.
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Wednesday, November 11, 2009
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