Legal Standard for Determining Custody

legal standard

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.

In this graded project, I will be presented with a parental custody case, relevant facts, and the testimonies of two expert witnesses. My task is to research the law in my jurisdiction regarding factors used to determine custody and write two memorandums, one for each of the opposing sides, applying the law to the facts of the case.

In most jurisdictions, the legal standard for determining custody is the best interests of the child. The court must consider a variety of factors when determining the best interests of the child, including:

The child’s age, gender, and health.
The child’s relationship with each parent and other family members.
Each parent’s physical and mental health.
Each parent’s ability to provide for the child’s physical, emotional, and educational needs.
Each parent’s willingness to encourage a relationship between the child and the other parent.
Any history of domestic violence or substance abuse.
The child’s wishes, if the child is old enough to express them.

Memorandum for Petitioner

Issue Presented: What is the best custody arrangement for the child in this case?

Relevant Facts: The parties have been separated for a year. The child is six years old and attends first grade. The mother has been the primary caregiver throughout the child’s life, but the father has been involved and has had regular visitation. The mother is employed full-time and has arranged for after-school care for the child. The father has a part-time job and is available to care for the child after school. The mother alleges that the father has a history of substance abuse.

Applicable Law: In determining custody, the court must consider the best interests of the child. Factors that the court may consider include the child’s age, the relationship with each parent, physical and mental health of each parent, ability to provide for the child’s needs, and any history of substance abuse or domestic violence.

Analysis: Based on the relevant facts and the applicable law, it appears that the best custody arrangement for the child would be joint legal custody with primary physical custody to the mother. The mother has been the primary caregiver and has arranged for after-school care. The father has regular visitation and is available to care for the child after school. However, the allegation of substance abuse is a serious concern. If there is credible evidence of substance abuse, the court may consider supervised visitation or drug testing as a condition of visitation.

Conclusion: Based on the above analysis, I recommend that the court award joint legal custody with primary physical custody to the mother. If there is credible evidence of substance abuse, the court may consider supervised visitation or drug testing as a condition of visitation.

Memorandum for Respondent

Issue Presented: What is the best custody arrangement for the child in this case?

Relevant Facts: The parties have been separated for a year. The child is six years old and attends first grade. The mother has been the primary caregiver throughout the child’s life, but the father has been involved and has had regular visitation. The mother is employed full-time and has arranged for after-school care for the child. The father has a part-time job and is available to care for the child after school. The mother alleges that the father has a history of substance abuse.

Analysis: Based on the relevant facts and the applicable law, it appears that the best custody arrangement for the child would be