Background

Before meeting with a client, Carter asks you to evaluate several questions related to the client's case. She's reached out to you specifically because his case involves several areas of family law that you've worked on recently, including the best interests standard for deciding child custody between two fit parents (this week), subject matter jurisdiction under Maryland's UCCJEA (Week 5), and the mutual consent ground for divorce in Maryland (Week 4). You are to summarize your analysis in a written report to Carter.

Facts

David and Marla Green are married and have one child, an infant, Callie. Callie was born in Ohio on January 1, 2021. The family moved from Ohio to Maryland on July 1, 2021 for David's job.

David has a college degree and works full time as an accountant. Marla has some college credits towards a degree in Early Childhood Education, but no degree. Prior to moving to Maryland, she worked part-time in a day care facility and served an assistant teacher in a preschool. Although Marla is eager to complete her degree and work in her field, she and David agreed that she would be a stay-at-home-parent and not work outside of the home until Callie enters Kindergarten.

Although David mostly works from home, his schedule is demanding. Consequently, Marla cares for Callie throughout the day and night: feeding, changing, nap time, bedtime, playtime, etc. Marla also schedules Callie's medical care and takes her to those appointments. On weekends, David usually takes Callie out in their jogging stroller for a long run of 2+ hours to give Marla a break.

The Friday before Christmas, Marla and Callie went to Pennsylvania to spend the holidays with Marla's family while David remained in Maryland. On New Year's Day, Marla called David and said that she needed some space and that she and Callie weren't coming home. David was upset and asked her to reconsider.On February 1, Marla returned to Maryland with Callie to try to work things out. Unfortunately, the couple's relationship deteriorated, and Marla decided the marriage was over.

Although they agree on most things and want to seek a divorce on the grounds of mutual consent, they're having difficulty agreeing on custody. Although they're willing to have joint legal custody, Marla wants sole physical custody and David wants joint physical custody.

Marla retained attorney Carter, who has asked you to prepare a memo that answers the questions listed below.

Questions

1. Under Maryland's version of the UCCJEA, where is Callie's "home state": Ohio, Pennsylvania, or Maryland? Explain your answer and thoroughly and support your conclusion with a citation to one or more directly relevant Maryland statutory provision(s).
2. What best interests factors tend to support an award of sole physical custody to Marla? Identify each factor and explain how the factor helps her.
3. If the parties don't reach an agreement on a custody arrangement, can they still obtain a divorce on the grounds of mutual consent? Explain your answer and thoroughly and support your conclusion with a citation to one or more directly relevant Maryland statutory provision(s).