Yes. Essentially, the Maryland divorce court is given the authority to fashion almost any child custody award and create almost any set of conditions for that custody as long as the court determines that such is in the best interests of the child or children. This is what the higher courts in Maryland have decided, and this applies to giving one parent permanent tie-breaking authority. See Iz-Duzyol v. Duzyol, Case No. 1171, September Term, 2024 (Appellate Court of Maryland, 2025).

If you have questions about child custody or divorce matters, contact the Child Custody and Divorce lawyers here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We have offices in Waldorf, Maryland, and offer family law and divorce legal services to residents in Southern Maryland. Here is a brief recap of the Iz-Duzyol case and some information about tie-breaking authority in divorce custody cases.

What is Tie-Breaking Authority?

As the name suggests, “tie-breaking” authority gives one parent the tie-breaking vote if the parents cannot agree on an issue. For example, if the parents cannot agree which school to choose for their child, the parent holding the tie-breaking “vote” will “win.” The parents “split” their votes. But victory goes to the parent awarded the tie-breaking authority.

The Iz-Duzyol Case

In that case, the father was awarded physical custody, and the parents were awarded joint legal custody. Thus, the parents were both responsible for “life” decisions like religious upbringing, schooling, etc. However, the father was given permanent and blanket tie-breaking authority if the parents disagreed about some issue or question related to legal custody. The mother appealed the question (among other questions) about the permanent tie-breaking authority. She argued that the divorce court, a mediator, or someone else should decide the questions, not the father. The Appellate Court disagreed and held that it was “okay” to allow the father to have permanent tie-breaking authority.

The court held that tie-breaking authority was generally acceptable when the facts showed that the parents had limited capacity to “communicate and reach shared decisions.” This was determined to be true by the lower divorce court in the Iz-Duzyol case. If tie-breaking authority was NOT granted, then every parental decision would become a court matter, impacting the court’s resources and smooth administration. The court also noted that tie-breaking authority still requires that the parents try to work together to decide issues affecting their child/children. That is, the parent with tie-breaking authority must make good faith efforts to communicate and reach an agreement about important life decisions for the child or children. This requirement helps “… to ensure the parent with tie-breaking authority does not abuse the privilege of being a final decision-maker.” However, in the end, if communication cannot be established and/or no agreement can be reached, then the tie-breaking authority can be exercised.

The court also noted that, in the final analysis, the divorce court CAN be petitioned if a parent truly believes that the tie-breaking authority has been or is being abused.

With these facts and considerations taken into account, the court held that awarding permanent tie-breaking authority to one parent was legally acceptable.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.