Case Study and Analyzing essay

Download this essay in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from essay:

Thorn Legal Memo

Under current Michigan law, Joseph Thorn will most likely be granted custodial rights to his son Ryan.

The family court evaluates a parent's right for custody of a child using Mich. Comp. Law Section 722. In particular, the court determines the overall "best interest" of the child. Under this statute, best interest is defined using 11 factors which include:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing medical care or any remedial care recognized and permitted under the laws of this state in reference to medical care and other material needs.

(d) The length of time the child continuity.

(e) The permanence as a family unit of the existing or proposed custodial homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child involved.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preferences.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

These factors are held by the court as a means of analyzing the overall fitness of a parent to act in a parental role with custodial rights. Under Jones v. Jones, "these factors are to be considered, evaluated, and determined by the court." No one factor determines the fitness of the parent, and both parents are evaluated under each criteria.

Common Law Interpretation of factors A, C, and F

Factor A evaluates, "The love, affection, and other emotional ties existing between the parties involved and the child. Under Jones v. Jones, the refusal of one parent to permit emotional ties by the other parent cannot be counted against the party. However, under Rose v. Rose, it was held that intentional avoidance of a relationship with the child results in the parent failing to meet this requirement.

Factor C. evaluates, "The capacity and disposition of the parties involved to provide the child with food, clothing medical care or any remedial care recognized and permitted under the laws of this state in reference to medical care and other material needs." Under Rose v. Rose, it was held that reviewing a parent's capacity to support a child, the court may evaluate whether the parent has to date shown any capacity or disposition to provide for the child's material support. Additionally, under Jones v. Jones, the prevention of one parent to permit support by the other does not result in a negative finding against the parent who was prevented from giving.

Factor F. evaluates, "The moral fitness of the parties involved." Under Rose v. Rose, "A history of substance abuse, criminal activity, or violent behavior will call into question a parent's moral fitness to raise a child." This was further expanded in Winston v. Pipes, which stated, "having a record of criminal activity or substance abuse does not automatically bar a parent form gaining custody of a child if that parent shoes what he or she has been rehabilitated."

Application of Fact Pattern

Factor A

The first factor the courts evaluate is the love, affection, and other emotional ties existing between the parties involved and the child. Here, Mr. Thorn visited his son at the hospital after his birth. Ms. Thorn instructed him to not visit her or the child again after she left the hospital and moved in with her mother. Regardless of this instruction, Mr. Thorn has kept in contract with Ms. Thorn's mother and attempted to offer financial assistance in the care of the child. Thus, Mr. Thorn has attempted to establish a relationship with his child, but has been prevented from…[continue]

Cite This Essay:

"Case Study And Analyzing" (2012, September 25) Retrieved December 10, 2016, from http://www.paperdue.com/essay/case-study-and-analyzing-108660

"Case Study And Analyzing" 25 September 2012. Web.10 December. 2016. <http://www.paperdue.com/essay/case-study-and-analyzing-108660>

"Case Study And Analyzing", 25 September 2012, Accessed.10 December. 2016, http://www.paperdue.com/essay/case-study-and-analyzing-108660

Other Documents Pertaining To This Topic

  • Tesco PLC Case Study Tesco Is the

    Tesco PLC Case Study Tesco is the third largest retailer globally behind Wal-Mart and Carrefour, and as of March 2011, operates 4,811 stores across 14 countries including Asia, many European countries, UK and the U.S. Tesco is also the leading food, sundry and grocery retailer in the UK and has established itself as the leading provider of ancillary services through the retail channel to Western Europe (Hackney, Grant, Birtwistle, 2006). Tesco

  • Critical Thinking Case Study Analysis

    This means that even though the University deemed it necessary for a student like Helen to disclose her incident of victimization, she still opted to keep her privacy, preferring confidentiality and anonymity in order to protect herself from being involved in a sensitive issue such as sexual harassment. Helen's actions may be construed as her own way of avoiding the stigma that inevitably results out of her being a

  • Case Study of Ford Motor Company

    Ford Motor Company Case Study of Ford Motor Company History, Development and Growth Ford Motor Company has been a vital American automaker since its incorporation in 1902. The car maker was started at that time by Henry Ford and has continued with some member of the family on the board of directors since that time. The company began selling individually manufactured vehicles, but moved to an innovation devised by the founder soon after.

  • Case Study Analysis of Personal and Organizational Ethics and Values...

    Ethics Case Study This report presents an analysis of the ethical challenges faced by two organizations -- one in the not-for-profit sector named Susan G. Komen for the Cure and one in the for-profit sector named The Lubrizol Corporation. A brief background of the two organizations is provided which also includes a description of the ethical challenge. Several alternatives for each organization are discussed along with implications for various stakeholders. Out

  • Case Study Performance Plus

    Performance Plus Case Study To stay competitive, organizations have to keep themselves abreast of the changes in their business environment and customer preferences. Rapid developments in Information Technology, increasing trend towards Globalization, and day by day increasing industry size are some of the factors that essentially require the business organizations to keep themselves dynamic in their respective industry. Therefore only those organizations can achieve a sustainable future that continuously keeps on

  • Case Study on Leadership

    Leadership Michael A. Todman has a position of legal authority in the company as the president of Whirlpool. He exercises leadership not only through his official position with the company, but also in his symbolic role as being a visionary and global communicator. His colleagues describe Todman as a stellar decision maker, which is a core component of effective leadership. Being born in the Caribbean means that Todman also has a

  • Case Study Ethics Social Justice and Advocacy Dimensions

    Ethics, Social Justice & Advocacy Dimensions Cultural diversity case study: Biko Biko has overcome tremendous obstacles to attain his current level of educational and social achievement. However, this inevitably has caused him a great deal of personal stress. He is currently feeling socially marginalized in a largely all-white environment even though he is academically competent. His feelings of guilt regarding his parents' desire for him to attend a historically black college


Read Full Essay
Copyright 2016 . All Rights Reserved