FAMILY LAW DISCUSSION
ANSWER EACH QUESTION INDEPENDENTLY.
PLEASE U.S. GRAMMAR AND DO NOT REFERENCE ANY CASES OUT OF THE UNITED STATES.
Your good friend Dave from church calls you at 10:30pm to tell you that he needs your legal help. His child fell and broke his leg and they are in the hospital emergency room now. The problem is that the doctor has suggested that Dave caused the child’s injury, and has called Child Protective Services. The social worker on call is in the emergency room also insisting that Dave’s child cannot go home with him, but must be taken into foster care tonight. What can you do? (REFERENCE VIRGINIA LAWS/CASES)
Billy (19) got his girlfriend, Brenda (18) pregnant. Brenda gave birth to Babette and had sole custody of her. Billy worked in maintenance for a local factory and had his own apartment; he did not want to “settle down” and was satisfied to have “reasonable visitation” (not defined); he only visits Babette for a few hours once or twice every month (incidental to his efforts to continue a relationship with Brenda. Brenda lives with her parents who love and dote on Babette, their only grandchild. But they impose expectations and lifestyle rules that irritated Brenda. She conforms and Babette benefits from Brenda’s more responsible parenting when Brenda conforms to her parent’s rules. Brenda wants her parents to subsidize her getting her own apartment; she threatens to move in with Billy if they will not do so. Her parents can afford to do so, but are concerned that Brenda will revert to a lifestyle that will harm their grandchild. They ask you to draft a contract for Brenda that will obligate and motivate her to act responsibly. Is such a contract permissible? If so, what provisions might it contain? (REFERENCE VIRGINIA LAW/CASES ONLY)
John and Mary Smith are married and have a child, Nancy. Regrettably, they have been having marital difficulties and have decided that Mary and Nancy will go to Colorado to live with Mary’s parents. Nancy will get to live with her father in Nebraska over the summer. This informal arrangement works well for two years, but the third summer, John files for divorce and primary custody of Nancy in Nebraska. Mary consults you for advice, explaining that she no longer wishes to be married to John, but very much wants primary custody of Nancy.
Tom and Marty are married and live in Massacticut. Marty has been offered a great job in Calihoma, which is simply too good to refuse, although 2000 miles away. Tom and Marty agree that Marty should go to Calihoma and begin the job. Tom will stay in Massacticut with the kids and try to sell the house. Marty loves the new job and urges Tom and the kids to move but Tom refuses.
Tom, who never had primary caretaking responsibility before the move has enjoyed that new role. Marty greatly misses the daily in-person contact with the kids.
Marty realizes that Tom will never move and files for divorce, seeking primary custody. What factors should be considered in determining the custody arrangement?
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