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ELZA v. ELZA

No. 3, September Term, 1984.

300 Md. 51 (1984)

475 A.2d 1180

RONALD HAYES ELZA v. SUSAN ELZA.

Court of Appeals of Maryland.

June 6, 1984.

Attorney(s) appearing for the Case

Ronald L. Spahn, Ellicott City, for appellant.

Thomas J. Aversa, Jr., Pasadena, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and MORTON, JAMES C., Jr., Retired, Specially Assigned, J.

JAMES C. MORTON, Jr., Retired, Specially Assigned Judge.

The question we confront in this case is whether the chancellor in a child custody proceeding erred in basing his award of custody to the mother solely on the maternal preference presumption. We conclude that reliance on this presumption contradicts the clear, unambiguous language of Maryland Code (1957, 1983 Repl.Vol.) Art. 72A, § 1, which states in pertinent part: "[I]n any custody proceeding, neither...

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