Legal custody of Chastity Bright in Arizona domestic abuse case

Parental Custody

Child Custody

Parental Custody Case

Memorandum for Mother

The issue at hand regards the legal custody of minor child Chastity Bright and whether her mother or father should be her legal custodian.

Short Answer

In the state of Arizona, custody is based on several factors. The wishes of the parents, wishes of the child, child interaction with parents, health of all participants, child's adjustment, parent primarily responsible for care, which parent will allow contact, any duress or coercion attempted, and whether false allegations were raised are to be considered subsequently.

Statement of the Facts

Based on the testimony of the mother, father and minor child, the facts of the case are these. Both the mother and the father want to have primary custody of the child, and the mother has had that custody prior to this trial. The mother has retained promise of a job in another state, and wishes to move to that location with the child. The father has a high paying job in the parent's current location, but he has been abusive to the mother in the past and he has started a new relationship. The daughter would prefer to remain in her present location, but she feels uncomfortable with her father's partner, who is a man, and she has been having emotional issues about which she is receiving counseling.

Recommendations

It is the recommendation of the memorandum, based on Arizona statutes, that the child be awarded to the mother. The father of the minor child has committed domestic abuse, and the law is clear that awarding custody in this case should go to the non-abusive parent. It does not matter that the minor child was neither present nor a direct victim of the abuse. However, the father does have the right to supervised visitation. Since the best interest of the child is that she stay in the area due to emotional issues, the mother should be awarded to the mother with the contingency that she maintain residence in the same district so that the daughter can maintain the same relationships.

Memorandum for Father

Issue

The issue at hand regards the legal custody of minor child Chastity Bright and whether her father or mother should be her legal custodian.

Short Answer

The question is whether the child should remain with the father as custodial parent in her current residence. Arizona state law requires that a custodial parent give 60 days' notice in writing to the court prior to moving the child. Also the statute (25-408 section I.2) states that the move is "not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child."

Statement of the Facts

The facts of the case are that the child wishes to remain in the home she has grown up in. She states that she has had emotional issues since the divorce and that a move would complicate those problems. She is somewhat uncomfortable with her father's partner, but this fact has no bearing on the case as it stands between her mother and father.

Analysis

According to Arizona statute (25.408) and case law (Owen v Blackhawk, 2003), the parent who is awarded legal custody cannot relocate, with the minor child, to another state unless there is some extenuating circumstance. The fact that the father is in a relationship does not have any bearing on the disposal of this case whether the minor child feels completely comfortable with the new arrangement or not. The child has stated that the greatest distress would be due to moving to another state with her mother. Also, there is some dispute regarding domestic abuse claims made by the mother. In none of these cases was the minor child involved, so the court needs to determine what bearing this claim has on the case. This is with regard to the severity of the abuse and the cause.

Recommendations

The recommendation of this memorandum is that primary custody should be awarded to the father since the mother plans to leave the state. The father has greater financial means than the mother and can provide not only monetary security, but the home the child in most comfortable in also. The domestic abuse events are minor, and need to be viewed by the court in light of this custody. However, the child was not present during any of the alleged incidents and none directly concerned the minor child.