Posted: April 11th, 2015

Legal Memorandum

Please be sure to research texas laws for the following assignment:
For this graded project, you’ll be presented with a parental
custody case, a list of relevant facts, and the testimonies of
two expert witnesses. You’ll need to research the law in your
own jurisdiction regarding factors used to determine custody.
Then, you’ll write two memorandums, one for each of
the opposing sides, applying the law you found to the facts
of the case.
THE CASE
You should know the following information about the case.
The Participants
Sally Bright asked her husband, John, to move out temporarily
due to marital difficulties. After a brief separation,
Sally filed for divorce and received temporary custody of
their 14-year-old daughter, Chastity. John’s response to
Sally’s divorce petition requested custody and the court
ordered that the child have visitation with John every
weekend.
Nine months later, the court conducted a final hearing in the
divorce matter. Both parties still want custody of Chastity.
1
Legal Writing Project 2The Facts
Among the facts that came out during the hearing, and are
undisputed, are the following:
• Sally will be moving to another part of the country soon
to take a job.
• A psychologist that counseled Chastity about her
emotional problems testified that Chastity would
prefer to stay with her dad so that she doesn’t have
to go to a new school and make new friends.
• John has realized that he is gay and has met a male
companion who doesn’t live with John presently but
someday might.
• Chastity testified that she feels “weird” around John’s
new companion.
• John makes $125,000.00 per year and Sally’s new job in
another part of the country will pay $35,000.00.
• John has, on several occasions, physically abused Sally,
but he never did so in front of Chastity and has never
abused Chastity.
• Both parents have been actively, and almost equally,
involved in the day-to-day care of Chastity throughout
her life.
The Testimonies
There have been two separate testimonies given.
Testimony of Dr. Samuel Stoller. I counseled Chastity at
the request of her father, John, who said she was having
problems at school since her mother filed for divorce. Chastity
clearly wants to stay in the area so she can be with her
friends as she moves into high school. Given the stress of
the divorce, I think it’s in Chastity’s best interest that she
remains in the safe, secure environment that she is familiar
with. Since her mother is moving away, Chastity should stay
with her father. The fact that John is gay has no bearing,
since studies show that a parent’s sexual orientation doesn’t
usually affect his or her ability to be a good parent.
2 Legal Writing Project 2Testimony of Dr. Frank Edwards. I was appointed by the
court to interview the parties and the child and make a recommendation
regarding custody. I found that both parents
were suitable custodians, but I think the better custodian
would be the mother. Chastity says that she feels uncomfortable
around her father’s new companion. I’m not biased
against gays, but I think Chastity could be teased at school.
Another factor is John’s drinking. He denied having a drinking
problem, but Sally says he drinks to excess on occasion.
This could be dangerous, especially if he were transporting
the child while intoxicated.
The Judge
After the hearing was completed, the judge said that she was
prepared to decide all of the issues except custody. She has
directed both of the attorneys to submit a memorandum on
the custody issue. The parties are to submit memorandums
simultaneously. The judge will review the memorandums,
and will then make a decision about custody.
ASSIGNMENT INSTRUCTIONS
Your first task is to take the role of a legal researcher for the
attorney arguing that the mother should have custody. The
first memorandum should be written from this perspective.
Your second task is to take the role of a legal researcher for
the attorney arguing that the father should have custody.
The second memorandum should be written from this perspective.
In your research for each memorandum, you
should check both statutes and cases, keeping in mind the
facts of the case.
Wait until after you have completed the CALR, Part 1 and
Part 2 study units to begin your research for the Legal
Writing 2 Project (00803500). You’ll need the skills you have
learned in the CALR study units to conduct your research.
You MAY use Lexis to perform your research for this project;
however, you MUST use at least one source other
than a source obtained through lexis.com.