Ireland, Smith agree to share custody

DETROIT (AP) - For LSA sophomore Jennifer Ireland, the three-year fight to gain custody of her daughter is over.

Ireland, who was to have lost custody of her daughter two years ago in part because she used day care, has agreed to share custody with the girl's father.

Ireland and Steven Smith agreed to joint legal and physical custody of Maranda Ireland-Smith after several hours of meetings yesterday and last Friday with a court-appointed advocate and attorney for the 5-year-old, Macomb County Circuit Judge Lido Bucci said.

"It's a decision they made I believe after a great deal of soul searching," Bucci said. "It's an agreement that I think shows both parents are taking the best interest of this child at heart."

Ireland's attorney did not immediately return a telephone call and Smith's attorney could not be reached for comment last night. People answering the phones at the homes of Ireland and Smith said neither could talk about the agreement because of a gag order Bucci issued.

The Macomb County custody battle drew national attention in June 1994 when Macomb County Circuit Judge Raymond Cashen said in a ruling that Maranda would be better off living with Smith because Ireland placed Maranda in day care while she attended classes at the University, with aspirations to attend law school.

"Under the future plans of the mother, the minor child will be in essence raised and supervised a great part of the time by strangers," Cashen said two years ago.

in the ruling two years ago.

The decision set off protests from groups including the American Civil Liberties Union and the National Organization for Women.

Maranda stayed in her mother's custody during appeals and the retrial.

The Michigan Court of Appeals reversed Cashen last November and left Maranda with her mother, who had raised her from birth. The state Supreme Court in May agreed with the appeals court that the use of day care couldn't be used against a parent in determining custody.

A second custody trial began last month before Bucci in Mount Clemens. Cashen, 71, died Aug. 8 after battling lung cancer.

The custody trial had been bitter. Smith and Ireland, who never married, had accused each other of being unfit parents. A Macomb County jury last year found Smith innocent of assaulting Ireland.

Smith's attorney, Sharon-Lee Edwards, had said she planned to introduce testimony during the custody hearing alleging that Ireland struck Maranda while disciplining her, cursed in front of her and assaulted Smith in front of the child.

Each side also accused the other of using the child to gain media attention.

10-17-96

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