Facts

David and Marla Green are married and have one child, an infant, Callie. The family moved to Maryland from Ohio on April 1st of this year.

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, 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 him to those appointments. On weekends, David usually takes Callie out in his stroller for a long run of 2+ hours to give Marla a break.

The Friday before Labor Day, Marla and Callie went to Pennsylvania to spend the holiday weekend with Marla's family while David remained in Maryland. On Labor Day, Marla called David and said that she needed some space and that she and Callie weren't coming home. David was shocked, and he asked her to reconsider.

On October 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.

Questions

1. Does a Maryland court have subject matter jurisdiction to decide custody in this case? 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 support an award of sole physical custody to Marla? Identify each factor and explain how the factor helps her.
3. If the parties can't agree on a custody arrangement, can the parties 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).