0365/26•Neal, Carlton A. v. Jacobs
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*This is an unreported opinion. This opinion may not be cited as precedent within the rule of stare decisis. It may be cited for persuasive value only if the citation conforms to Maryland Rule 1-104(a)(2)(B). Circuit Court for Howard County Case No. 13-C-17-111465 UNREPORTED* IN THE APPELLATE COURT OF MARYLAND No. 365 September Term, 2026 ______________________________________ CARLTON A. NEAL v. COCONUT TOYA LOWETTE JACOBS ______________________________________ Arthur, Friedman, Kehoe, S., JJ. ______________________________________ Opinion by Kehoe, J. ______________________________________ Filed: October 15, 2026
-Unreported Opinion- __________________________________________________________________ Appellant Carlton A. Neal (“Father”) appeals from an Order for Modification of Custody in which the Circuit Court for Howard County, among other holdings, declined to modify Appellee Coconut Jacobs’s (“Mother”) primary physical custody of the parties’ minor child “M.J.,” 1 (“Child”). Father argues that the circuit court improperly based its decision on its personal opinion of Father’s lack of support of Child’s participation in golf and overlooked evidence that Mother pressured Child to participate in the sport. As relief, Father requests shared physical custody. We reject these arguments and affirm. I. QUESTIONS PRESENTED Father 2 presents two questions for our review, which we rephrase 3 as follows: 1. Did the circuit improperly consider its personal views in basing its decision not to award Father shared physical custody in part on his lack of support for Child’s participation in golf? 2. Did the circuit court impermissibly overlook evidence that Mother forced Child to participate in golf? We answer no to both questions. 1 We use Child’s initials for anonymity. 2 Mother did not file a brief in this matter. 3 In his informal brief, Father labels the issue as “Modification of Custody 03/26/2026” and in support claims that the circuit court “was influenced in part by [its] personal view of how [Father] should support the child’s participation in golf.” He further states that the circuit court “overlook[ed] evidence that [Mother] pressured the minor child to participate in competitive [golf] despite the child’s reluctance.” In the related cases section of his brief, Father complains that the circuit court did not hold Mother in contempt or impose another consequence after Mother moved to Florida without his consent or court approval. To the extent this is an argument relevant here, it is not preserved for our review because Father did not request contempt in the hearing and order from which he appeals. Md. Rule 8-131(a).
-Unreported Opinion- __________________________________________________________________ 2 II. FACTUAL & PROCEDURAL BACKGROUND4 Mother and Father are the parents of Child, who was born in 2015. From the time of her birth until June 2016, Child resided with Mother in Florida. Since June 2016, Child has lived with Mother in Columbia, Maryland. Throughout Child’s life, Mother was her primary caretaker. On May 12, 2017, Mother filed a Complaint to Establish Paternity, Child Support, and Visitation. She sought sole legal and primary physical custody as well as child support. On September 26, 2017, Father filed a Counter Complaint and sought shared physical custody and joint legal custody. After a mediation session, the parties entered into a Parenting Agreement on December 11, 2017. That agreement provided that the parties have joint legal custody. It further provided that Mother would have primary physical custody of Child and that Father would have Child on alternating weekends and an increasing number of weeks each summer. The agreement also contained terms related to child support, communication and other subjects. On December 19, 2017, the circuit court entered a Consent Order for Custody that incorporated the terms of the agreement and awarded the parties joint legal custody and granted Mother primary physical custody and Father “reasonable and liberal” visitation as set forth in the agreement. On September 14, 2024, Mother filed a Motion for Custody Modification and Relocation seeking a modification of the custody order to grant her sole legal custody and 4 The record contains many documents related to child support, legal custody and other issues. Because Father contests the circuit court’s decision only as it relates to physical custody, we outline only those facts that pertain to that issue.
-Unreported Opinion- __________________________________________________________________ 3 for relocation of Child to Florida. Mother noted that she accepted a job transfer that required her to move to Florida and that Child wished to move to receive year-round golf training. Mother further stated that Father had failed to follow the parenting schedule and was an “absentee parent.” In a separate motion for contempt, Mother alleged that Father failed to pay his share of medical fees and golf expenses. On October 8, 2024, Father filed a counterclaim and sought primary physical custody and stated that Mother was “vindictive” and allowing relocation would make it difficult for him to see Child. Father also alleged that Mother had designed Child’s participation in golf to justify relocation. On January 23, 2025, Father filed another counterclaim, which was, in effect, an amended counterclaim, and alleged that Mother relocated Child in advance of a scheduled custody hearing. A hearing before a magistrate was held on February 11, 2025. The magistrate issued a written report and recommendations on February 14, 2025. On March 5, 2025, the court held a hearing on Father’s Exceptions. The circuit court denied the Exceptions, adopted the findings and recommendations of the magistrate and entered an order, dated March 5, 2025, that continued Mother’s primary physical custody and ordered that Child would spend seven weeks in the summer and her winter break with Father, and further that Father could visit Child in Florida and that the parties would alternate certain holidays and breaks. On March 17, 2025, in an unrelated custody matter,5 Mother filed a motion in which she stated that she had returned to Maryland. On April 23, 2025, Father filed an Amended Complaint 5 Coconut Jacobs v. Brandon Ansley-Johnson, Case No.: C-13-FM-23-001071.
-Unreported Opinion- __________________________________________________________________ 4 for Modification of Custody seeking primary physical and sole legal custody, or alternatively, shared physical and joint legal custody. Father’s amended complaint also alleged that Mother had moved back to Maryland without telling Father. Mother responded in opposition and cited several examples of Father’s failures to visit Child. On July 23, 2025, the circuit court, pursuant to Md. Rule 9-205.3(f)(3), appointed Brandi Jay, a licensed master social worker, to conduct a specific issue evaluation regarding the parties’ relationship with Child. 6 On November 12, 2025, the social worker submitted a report. The report identified its sources as the litigation history and interviews with Mother, Father, Child, Father’s fiancée, and the father of Mother’s son. During her interview, Mother repeated her assertions that Father did not consistently follow the access schedule and made coparenting difficult. Father countered that Mother had not provided him access to Child before the 2017 circuit court order, that sickness had prevented some of his visits and that Mother failed to share information with him. During Child’s interview, she reported a positive relationship with both parents but noted that her parents did not have a good relationship with each other. Child also reported enjoying golfing with Mother. Child further expressed a desire to alternate weeks with each parent. The report concluded that Child had a loving relationship with both parents and that both parents were fit and proper parents. It further concluded that the “toxicity” between 6 Because of the report’s confidential nature, we do not unnecessarily delve into the details of its findings and conclusions.
-Unreported Opinion- __________________________________________________________________ 5 Mother and Father represented the greatest threat to Child’s well-being. Finally, the report recommended that the circuit court award shared physical custody with Father having Child every Wednesday overnight and every other extended weekend from Wednesday to Monday. The report also recommended alternating weeks during the summer and shared school breaks, and further recommended liberal communication with the noncustodial parent, sharing of extracurricular expenses and the continued use of a coparenting application. On February 23, 2026, Mother filed a Petition to Modify Legal Custody seeking sole legal custody. The circuit court conducted a hearing on March 26, 2026 on the respective requests to modify custody and Mother’s petition for contempt. 7 The circuit court first set out to clarify the parties’ respective requests. Father began by stating that he sought a 50/50 custody arrangement with a “2-2-5” schedule. 8 Mother countered that the circuit court should modify the arrangement to the terms of the original order issued in 2017 and that gave Father every other weekend. After hearing testimony and argument, the circuit court placed its findings of fact and ruling on the record. It began by stating that Father seemed to be “a really nice person” with a “sincere desire to increase his time with his child and be an active part of her life.” 7 Mother filed a petition for contempt related to Child’s activity fees and medical expenses on September 28, 2024. 8 Under a “2-2-5” schedule, one parent has the child every Monday and Tuesday overnight, the other has the child every Wednesday and Thursday overnight, and the parents alternate Friday through Sunday each week. Jose v. Jose, 237 Md. App. 588, 596 n. 3 (2018).
-Unreported Opinion- __________________________________________________________________ 6 It also recognized that Mother had done “a terrific job raising a terrific kid.” It determined that Child primarily lived with Mother and thus awarding Father primary custody would represent a “complete upheaval” of Child’s life. It found that Mother did well as the primary custodian, save for her lack of communication. It then admonished Father for his lack of support of Child’s participation in golf. It further admonished both parents for their subpar communication and noted that if they only decided to “bury the hatchet” that they “could co-parent beautifully.” The circuit court went on to recognize the importance of golf to Child’s self-esteem and encouraged both parents to support that activity. It also noted that Mother “has traditionally met the child’s health and educational needs and has acted as a single-parent primary caregiver, and [Father] has those abilities, but hasn’t been consistent in demonstrating them in the past.” The circuit court then moved to determining Child’s best interests. It noted that Child needed to play golf, continue to do well in school, have parents who do not place her in the middle of conflicts and spend more time with Father. The circuit court determined that a material change in circumstances existed given Mother’s return to Maryland since the most recent hearing. It extended Father’s alternate weekends time from Friday school pick-up to Monday drop-off. It also awarded Father overnight visitation each Wednesday after a period of eight Wednesday-night visits. It further allowed Father four weeks during the summer with notice to Mother. It then ordered that Father must accommodate Child’s golf obligations and encouraged Father to participate in that activity. Finally, the circuit court provided instructions for expenses and
-Unreported Opinion- __________________________________________________________________ 7 left legal custody unmodified. On March 30, 2026, the circuit court issued an Order for Modification of Custody memorializing its holding. Father noted the instant appeal on April 17, 2026. Additional facts will be supplied as they relate to the issues on appeal. III. DISCUSSION A. The Circuit Court’s Alleged Use of its Personal Viewpoints Father states that it “is an ethical violation for the judge to base a decision on personal opinions” and further that judges are “required to be neutral arbiters who decide cases based strictly on established laws, statutes, and legal precedents.” He further argues that the circuit court’s decision “was influenced in part by her personal view of how [Father] should support the child’s participation in golf.” Father then cites 9 a portion of the circuit court’s ruling that reads: But the person I’m focused on, of course, is [Child], who’s a 10-year-old, who’s a golf whiz. And I will tell dad, when we have a 10-year-old child, we adjust to that child, we do not fit the child into our lives. When she’s six months old, she has to fit into our lives, although we really are at her mercy. But when she’s 10 years old and she’s been playing golf half of her life, that is half of her life. That is part of her life. And to reject that is to reject her. And to reject part of her that’s important to her, to her social structure, to her self-esteem, to her value, something that she’s worked hard at. And I can’t imagine that you’re not on the sidelines cheering or going like this (claps quietly) as they do in golf, louder than any other parent in the entire place, because of your incredible pride over your child’s accomplishments. And that concerns me. 9 In his brief, Father references two portions of the transcript. The first is from the circuit court’s ruling and the second is from his opening statement. The latter appears to relate to the second issue and is thus discussed in Section III(B).
-Unreported Opinion- __________________________________________________________________ 8 Father’s challenge is best construed as an allegation that the circuit court possessed a bias against Father. 10 This argument is not preserved for our review. To preserve review of a claim of judicial bias, a party must raise the issue with the circuit court in a manner such that the record reflects the following requirements: (1) facts are set forth in reasonable detail sufficient to show the purported bias of the trial judge; (2) the facts in support of the claim must be made in the presence of opposing counsel and the judge who is the subject of the charges; (3) counsel must not be ambivalent in setting forth his or her position regarding the charges; and (4) the relief sought must be stated with particularity and clarity. Baltimore Cotton Duck, LLC v. Ins. Comm’r of the State of Maryland, 259 Md. App. 376, 401 (2023) (quoting Braxton v. Faber, 91 Md. App. 391, 408–09 (1992)). Father, who was represented by counsel in the circuit court, took no such action either during the hearing or by way of a subsequent motion. This requirement is critical to avoid the weaponization of allegations of bias to avoid unfavorable rulings. Harford Mem’l Hosp., Inc. v. Jones, 264 Md. App. 520, 543 (2025) (citations omitted), cert. denied, 490 Md. 640 (2025). Because we “will not decide any other issue unless it plainly appears by the record to have been raised in or decided by the trial court,” we decline to address this issue. Md. Rule 8-131(a). Even if we were to hold that Father preserved the argument, we would reject it all the same. Maryland law recognizes a “strong presumption” that judges act impartially. 10 Father is proceeding pro se on appeal and so we give him the benefit of liberally construing his brief. Simms v. State, 409 Md. 722, 731 (2009). Accordingly, we do our best to map his argument onto a cognizable doctrine, but we can only do so much. See Granados v. Nadel, 220 Md. App. 482, 499 (2014) (“The appellate court is not an advocate tasked with searching for each party’s winning argument.”).
-Unreported Opinion- __________________________________________________________________ 9 Baltimore Cotton Duck, LLC, 259 Md. App. at 402. To overcome that presumption, a litigant must show that the judge possesses some personal bias or prejudice, or knowledge derived from an extrajudicial source. Jefferson-El v. State, 330 Md. 99, 107 (1993) (citations omitted). “Bald allegations and adverse rulings are not sufficient to overcome the presumption of impartiality.” Reed v. Baltimore Life Ins. Co., 127 Md. App. 536, 556 (1999) (citing Fearnow v. Chesapeake & Potomac Telephone Co., 104 Md. App. 1, 55 (1995)). Our Supreme Court has recognized that “[f]ormula or computer solutions in child custody matters are impossible because of the unique character of each case, and the subjective nature of the evaluations and decisions that must be made.” Taylor v. Taylor, 306 Md. 290, 303 (1986). We understand that Father disagrees with the circuit court’s assessment and decision, but that challenge is “more appropriately reviewed in the context of whether the judge’s rulings comport with applicable law, rather than by divining a motive speculatively attributed to the trial judge . . . .” Harford Mem’l Hosp., Inc., 264 Md. App. at 547 (quoting Reed, 127 Md. App. at 552). There is nothing in the record demonstrating an iota of bias nor partiality on the part of the circuit court. 11 Our review of 11 The cases in which Maryland’s appellate courts vacated custody determinations involved personal views that represented a broad bias against certain types of parents rather than an individualized assessment of the case before the court. For example, courts have found error when the circuit court prohibited the presence of the father’s same-sex partner without making a factual finding that his presence would harm the children, Boswell v. Boswell, 352 Md. 204, 239–40 (1998) and when the circuit court considered a parent’s religious view alone and not its impact on the child’s welfare, Bienenfeld v. Bennett-White, 91 Md. App. 488, 507 (1992). Those cases are inapposite. We do not understand Father to
-Unreported Opinion- __________________________________________________________________ 10 the record reveals nothing more than a determination that it was in Child’s best interest to play golf and a further determination that Father was insufficiently supportive of that need. Father may feel that consideration erroneous, 12 but he has failed to show that the circuit court acted with bias or partiality. B. The Allegation that Mother Forced Child to Participate in Golf Father also alleges that the circuit court failed to consider “evidence” that Mother forced Child to play golf. He cites a portion of his opening statement in which his counsel stated that “[g]olf certainly can be an aspect of his child’s life, but it’s taken over and should not take precedent [sic] over my client’s time as a child.” That argument does not support the allegation that Mother forced Child to play golf. And in any event, opening statements are not evidence. State v. Heath, 464 Md. 445, 460 (2019). Father fails to point us to any testimony that stands for the proposition that Mother forced Child to play golf. We will not search for it. See Van Meter v. State, 30 Md. App. 406, 408 (1976) (“We cannot be expected argue that the circuit court possesses some broad prejudice against those who would not have chosen golf for their child’s sport, rather the circuit court’s comments were wholly tethered to its finding that golf was important to Child and that Father did not support that need. 12 Even if Father’s argument was properly framed as an allegation that the circuit court could not consider his lack of support, that argument would remain meritless. See Azizova v. Suleymanov, 243 Md. App. 340, 346 (2019) (citing Cynthia Callahan & Thomas C. Ries, Fader’s Maryland Family Law § 5-3(a), at 5-9 to 5-11 (6th ed. 2016)) (identifying a non-exhaustive list of factors in custody determinations including disruption to the child’s social life and “[a]ny other consideration the court determines is relevant to the best interest of the child.”). The record leaves little doubt that Child’s successful participation in golf falls squarely into both categories.
-Unreported Opinion- __________________________________________________________________ 11 to delve through the record to unearth factual support favorable to appellant and then seek out law to sustain his position.”). Even if that evidence existed in the record, we see no error. Father testified that he had no objection to Child playing golf “as long as it doesn’t interfere with my parenting time.” Instead, he appeared to take issue with what he testified was a failure to include him in that decision. The circuit court explicitly addressed Father’s objections and stated: “You can’t wait until five years after a child’s in an activity to say, hey, wait, I never agreed to that. She’s in it. She’s staying in it. It’s in her best interest to stay in it. And until she doesn’t, it isn’t in it anymore.” The circuit court also determined that Child “needs to play golf” and that golf is “very important to her feelings of self-esteem and inclusion into a group, and perhaps at the higher level of that group.” How Child came to be a golfer notwithstanding, the circuit court determined that remaining in golf was in Child’s best interest. There is no error in that determination. C. The Circuit Court’s Determination of Custody Though he requests that we grant him “50-50 physical custody,” Father does not separately challenge the circuit court’s weighing of the evidence nor its ultimate determination. Instead, he presented two narrow questions for our review that we have addressed above. Were we to address such a challenge, however, we note that Father would face a difficult burden. Because “there is no such thing as a simple custody case,” judges “agonize[] more about reaching the right result in a contested custody issue than about any other type of decision.” Gizzo v. Gerstman, 245 Md. App. 168, 200 (2020) (quoting
-Unreported Opinion- __________________________________________________________________ 12 Bienenfeld, 91 Md. App. at 502–03). Accordingly, circuit courts have great discretion in determining a child’s best interests and appellate courts will not disturb that determination unless the circuit court made clearly erroneous findings or clearly abused its discretion. Gizzo, 245 Md. App. at 200. A circuit court abuses its discretion “when no reasonable person would take the view adopted by the trial court, or when the court acts without reference to any guiding rules or principles, or when the ruling is clearly against the logic and effect of facts and inferences before the court.” Gizzo, 245 Md. App. at 201 (citing Santo v. Santo, 448 Md. 620, 625–26 (2016)). We recognize that the circuit court has a unique ability to hear the testimony and assess the credibility of the parties and witnesses. Gizzo, 245 Md. App. at 201 (citations omitted). Accordingly, we “rarely, if ever, actually find a reversible abuse of discretion on this issue.” Id. (quoting McCarty v. McCarty, 147 Md. App. 268, 273 (2002)). Here, the circuit court issued a lengthy and well-reasoned ruling in which it thoroughly addressed several considerations, including Child’s participation in golf and Father’s lack of encouragement, the fact that Mother successfully acted as the primary caretaker for all of Child’s life and Father’s occasional unwillingness to take advantage of extra time with Child. It also considered Child’s desire to spend more time with Father and Father’s reciprocal desire. It is unlikely that the circuit court’s refusal to completely reverse the custodial relationship of the parents would warrant the rare step of vacating that decision.
-Unreported Opinion- __________________________________________________________________ 13 IV. C ONCLUSION Father naturally disagrees with the circuit court’s decision. Nonetheless, he has failed to convince us that it exhibited anything less than impartial and thorough consideration of Child’s best interests. Because we can ask no more of the circuit court than that, we affirm. JUDGMENT OF THE CIRCUIT COURT FOR HOWARD COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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