Parental custody case proceedings and legal considerations

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.

Analysis

Although the facts of the case relate that the child in question would like to remain in her present location, the best interest of the child is the primary concern (Arizona State Legislature, 2009). The safety of the child is the primary issue. Arizona law is clear about several issues in this case. Arizona law (25-403.03 section B) regarding custody of a child when there is a history of domestic abuse in the home is clear. The statute says "The court shall consider evidence of domestic violence as being contrary to the best interests of the child. The court shall consider the safety and well-being of the child and of the victim of the act of domestic violence to be of primary importance." The child wishes to remain in her current place of residence and that also must be taken into consideration. The law states if custody is awarded to both parents then both parents are "entitled to reasonable parenting time rights to ensure that the minor child has frequent and continuing contact with the noncustodial parent" (Arizona State Legislature, 2009). This is only appended if "after a hearing, that parenting time would endanger seriously the child's physical, mental, moral or emotional health" (Arizona State Legislature, 2009).

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