How will a court rule on a request by adam

Assignment Help Business Law and Ethics

Reference no: EM133389901

Case Study 1

Adam and Irene are the unmarried parents of four-year-old Diane. Adam and Irene met in college and began living together upon graduation. Adam is African-American; Irene is white. Diane was born one year after they moved in together. Just after Diane turned four, Adam and Irene separated. Each wants to have sole physical and sole legal custody of Diane. Since the separation, Irene has cared for Diane, with only a few visits from Adam. Adam, however, is upset about two recent events. First, he is concerned because Irene has just joined a new-age religion that requires door-to-door selling by its members. Second, Irene has a live-in boyfriend.

1. How will a court decide which parent should have custody?

2. Because Adam is African-American, he asks the court to grant him custody so that Diane can be raised in his culture. How will the court rule on this request?

3. In the custody dispute, how will a court rule on a request by Adam that he be granted custody because Irene will involve Diane in the new religion?

4. In the custody dispute, how will a court rule on a request by Adam that he be granted custody because of Irene's live-in boyfriend?

5. Irene requests that the court ask Diane with whom she would like to live. How will the court rule on this request?

Case Study 2

In a June 19, 2012, divorce decree, the court grants Sally sole physical custody and sole legal custody of six-year-old Paul. Tom (Paul's father and Sally's ex-husband) is granted visitation rights. On July 25, 2013, Tom petitions the court for a change in custody, asking the court that he be granted sole physical and sole legal custody of Paul. He asserts that he does not believe that Sally is giving enough attention to Paul. During a visit on December 3, 2012, Paul's ear was bandaged. While riding a bike with Sally (without a helmet), Paul had fallen and badly bruised his right ear. Sally admits that she was not watching him carefully enough.

1. When will a court considers a petition to modify its own custody order?

2. What is the burden of proof to justify a modification of a custody order?

3. To justify a modification of a custody order based on changed circumstances, the problems asserted in the current custody arrangement must be?

4. Would the bruise on Paul's ear from the fall be strong enough evidence to modify the custody order?

5. Assume that the modification petition is dismissed when Tom dies before the court rules on it. Tom's father (Paul's grandfather) petitions the court for visitation rights after Sally tells him that she opposes the visits. What legal right does Paul's grandfather have within the court?

Reference no: EM133389901

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