Legal Writing Project 2
Instructions:-
For this graded project, you’ll be presented with a parental
custody case, a list of relevant facts, and the testimonies of
two expert witnesses. You’ll need to research the law in your
own jurisdiction regarding factors used to determine custody.
Then, you’ll write two memorandums, one for each of
the opposing sides, applying the law you found to the facts
of the case
Solution
Legal Writing Project 2
NEW ROCHELLE COUNTY FAMILY COURT
Civil Action No. 112
IN RE CUSTODY OF CHASTITY BY
SALLY BRIGHT PETITIONER
V. MEMORANDUM
JOHN BRIGHT RESPONDENT
Comes petitioner, by counsel, and for her memorandum states as follows:
- FACTS
On August 23, 2014, Sally Bright filed for the custody of her daughter Chastity bright.
Sally will be shifting to a different part of the country in order to secure a new job.
John is gay and he is highly likely to live with his partner in future, though they are currently living separately.
According to Chastity’s testimony, she feels weird around John’s partner.
John has abused Sally on various occasions but has not done so in the presence of Chastity and neither has he abused his daughter.
Sally confessed that on various occasions John drinks to excess.
Sally has been actively involved in her daughter’s daily care all through her life.
- DOES A HISTORY OF DOMESTIC VIOLENCE BY JOH POSE A THREAT ON THE SAFETY OF CHASTITY?
According to the Domestic Relations Law 240(1), it is important for the court to consider the impact of domestic violence in determining custody (Schechter 187). The child does not have to be directly involved in the domestic violence for domestic violence to be a factor. The fact that John has abused Sally in the past an done it away from Chastity, and the fact that he has not abused Chastity before, does not necessarily mean that he does not have the capability of physically abusing his daughter.
- THE BEST INTERESTS OF THE CHILD
Under the New York Child Custody and Visitation laws are based on the “best interests” of the child standard (Doskow 44). Chastity has already mentioned her concern over the presence of John’s partner, an aspect that may affect her well-being once he finally moves in to stay with John.
- CONCLUSION
Awarding John
Bright, Chastity’s father, physical custody over Chastity could has detrimental
effects on her safety considering John’s drinking, history of violence, and how
she feels in the presence of John’s partner.
NEW ROCHELLE COUNTY FAMILY COURT
Civil Action No. 112
IN RE CUSTODY OF CHASTITY BY
SALLY BRIGHT PETITIONER
V. MEMORANDUM
JOHN BRIGHT RESPONDENT
Comes respondent, by counsel, and for his memorandum states as follows:
- FACTS
Chastity has been well integrated into her current school and has made numerous friends, hence she prefers to stay with her father as opposed to moving away with her mother to a new region where she will be forced to make new friends.
John has realized that he is gay and has found a partner.
Studies show that sexual orientation does not have much of an impact on the parenting ability.
John makes more than thrice what Sally makes and hence is capable of providing sally with a comfortable life.
John’s drinking is average like any other American and not as exaggerated by Sally.
John has never physically abused Chastity and neither has he catalysed a conflict with Sally in Chastity’s presence.
John has been actively involved in Chastity’s upbringing and has adequately played his role as a parent.
- JOHN’S DRINKING IS MINOR AND HAS NO IMPLICATIONS ON HIS ABILITY TO PARENT CHASTITY
John does not have a major drinking problem that would otherwise affect his role as a parent or lead him to risk the safety of his daughter. Besides, he is more capable than Sally, of offering Chastity a comfortable life, considering his income. In Worowski v. Worowski 95 A.D. 2d 687 (1989), the court awarded an alcoholic mother custody considering the fact that she was more fit to parent her child and provide him with a comfortable life as opposed to the father. Considering the best interests of Chastity, she has already shown willingness of staying with Jon, her father, and he is determined to ensure that she is well taken care of and brought up.
- CONCLUSION
Granting Sally,
Chastity’s mother, custody would not only expose her to psychological stress
associated with settling in a new area and making new friends, but will also
deny her the comfortable life she deserves close to her father.
Work cited
Doskow, Emily. Nolo’s Essential Guide to Child Custody and Support. 3rd. Berkley, CA: NOLO, 2015.
Schechter, Sara P. New York Family Law. 3rd. New York: Delmar Cengage Learning, 2013. Worowski v. Worowski. No. 95 A.D.2d 687. Appellate Division of the Supreme Court of the State of New York, First Department. 16 June 1983.