domestic relation

Instructions- Choose three of the four questions listed below to answer. Answer each question completely. Each answer is limited to three pages, not including the

reference page. Be sure to provide citations using the APA format. Where appropriate, discuss the cases and laws that were included in the text and discussed during

class sessions to support your answer. Each answer should have a minimum of three references. Any cases discussed counts as one reference.
A married couple is in the middle of a contentious divorce. They have two children, one three year old daughter and one eight year old son. The wife is a physician in

a doctor’s office in a rural area fifty (50) miles away from their home. She makes $275,000 per year. Although she spends a lot of time with the children on the

weekend, she usually does not get in until late on the weekdays. The husband is an accountant with a big accounting firm. Although he does very well he does not make

as much money as the wife. The three year old is in daycare near the marital residence while the eight year old is enrolled in a private school near their home. The

parties have agreed for the wife to move out and the father to retain possession of the marital home. The wife wants primary physical custody of the children.

Recognizing she has a busy work schedule, the mother wants the children to split the time 50/50. Based upon the custody statute below, discuss what the court may

consider in making a custody determination. Include your thoughts on how you think the judge will rule and why?
State of Bliss Statute
§ 19-9-3. Discretion of judge in custody disputes; right of child 14 years old or older to
select custodial parent; consideration of child’s educational needs; review of visitation
rights; grandparent visitation; policy; retention of jurisdiction; attorney’s fees; filing of
domestic relations final disposition form

(a) (1) In all cases in which the custody of any child is at issue between the parents, there shall
be no prima-facie right to the custody of the child in the father or mother. There shall be no
presumption in favor of any particular form of custody, legal or physical, nor in favor of either
parent. Joint custody may be considered as an alternative form of custody by the judge and the
judge at any temporary or permanent hearing may grant sole custody, joint custody, and joint legal
custody, or joint physical custody as appropriate.
(2) The judge hearing the issue of custody shall make a determination of custody of a child
and such matter shall not be decided by a jury. The judge may take into consideration all the
circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child

should be awarded. The duty of the judge in all such cases shall be to exercise discretion to look to and determine solely what is for the best interest of the child

and what will best promote the child’s welfare and happiness and to make his or her award accordingly.
(3) In determining the best interests of the child, the judge may consider any relevant factor
including, but not limited to:
(A) The love, affection, bonding, and emotional ties existing between each parent and the
child;
(B) The love, affection, bonding, and emotional ties existing between the child and his or
her siblings, half siblings, and stepsiblings and the residence of such other children;
(C) The capacity and disposition of each parent to give the child love, affection, and
guidance and to continue the education and rearing of the child;
(D) Each parent’s knowledge and familiarity of the child and the child’s needs;
(E) The capacity and disposition of each parent to provide the child with food, clothing,
medical care, day-to-day needs, and other necessary basic care, with consideration made for the
potential payment of child support by the other parent;
(F) The home environment of each parent considering the promotion of nurturance and
safety of the child rather than superficial or material factors;
(G) The importance of continuity in the child’s life and the length of time the child has
lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(H) The stability of the family unit of each of the parents and the presence or absence of
each parent’s support systems within the community to benefit the child;
(I) The mental and physical health of each parent;
(J) Each parent’s involvement, or lack thereof, in the child’s educational, social, and
extracurricular activities;
(K) Each parent’s employment schedule and the related flexibility or limitations, if any, of
a parent to care for the child;
(L) The home, school, and community record and history of the child, as well as any
health or educational special needs of the child;
(M) Each parent’s past performance and relative abilities for future performance of
parenting responsibilities;
(N) The willingness and ability of each of the parents to facilitate and encourage a close
and continuing parent-child relationship between the child and the other parent, consistent with
the best interest of the child;
(O) Any recommendation by a court appointed custody evaluator or guardian ad litem;
(P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal
history of either parent; and
(Q) Any evidence of substance abuse by either parent.
(4) In addition to other factors that a judge may consider in a proceeding in which the
custody of a child or visitation or parenting time by a parent is at issue and in which the judge has made a finding of family violence:
(A) The judge shall consider as primary the safety and well-being of the child and of the
parent who is the victim of family violence;
(B) The judge shall consider the perpetrator’s history of causing physical harm, bodily
injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another
person;
(C) If a parent is absent or relocates because of an act of domestic violence by the other
parent, such absence or relocation for a reasonable period of time in the circumstances shall not
be deemed an abandonment of the child for the purposes of custody determination; and
(D) The judge shall not refuse to consider relevant or otherwise admissible evidence of
acts of family violence merely because there has been no previous finding of family violence.
The judge may, in addition to other appropriate actions, order supervised visitation or parenting
time pursuant to Code Section 19-9-7.
(5) In all custody cases in which the child has reached the age of 14 years, the child shall
have the right to select the parent with whom he or she desires to live. The child’s selection for
purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child

who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action
seeking a modification or change in the custody of that child; provided, however, that such
selection may only be made once within a period of two years from the date of the previous
selection and the best interests of the child standard shall apply.
(6) In all custody cases in which the child has reached the age of 11 but not 14 years, the
judge shall consider the desires and educational needs of the child in determining which parent
shall have custody. The judge shall have complete discretion in making this determination, and
the child’s desires shall not be controlling. The judge shall further have broad discretion as to
how the child’s desires are to be considered, including through the report of a guardian ad litem.
The best interests of the child standard shall be controlling. The parental selection of a child who
has reached the age of 11 but not 14 years shall not, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification

or change in the custody of that child. The judge may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months

regarding the custody of a child who has reached the age of 11 but not 14 years where the judge hearing the case determines such a temporary order is appropriate.
(7) The judge is authorized to order a psychological custody evaluation of the family or an
independent medical evaluation. In addition to the privilege afforded a witness, neither a court
appointed custody evaluator nor a court appointed guardian ad litem shall be subject to civil
liability resulting from any act or failure to act in the performance of his or her duties unless such act or failure to act was in bad faith.
(8) If requested by any party on or before the close of evidence in a contested hearing, the
permanent court order awarding child custody shall set forth specific findings of fact as to the
basis for the judge’s decision in making

1. A first grade student has spina bifida. He is currently in a regular class; however he has a paraprofessional that works with him for one hour per day. His teacher

is complaining that he is very talkative, distracting and does not complete assignments in a timely fashion. She would like him to be placed in a special education

classroom full time because she thinks he will be more successful in the smaller setting and it is in his best interest. Currently the special education classroom has

five students compared to eighteen in his current class. The parents are meeting with the school district attorney, special education coordinator for the school, the

homeroom teacher, special education teacher and the attorney the parents have hired. What considerations will be given in this meeting and what will likely be

discussed? Based upon your analysis what should be the outcome?
2. A new social worker, Ms. Newbie, at a local group home is providing services to family pursuant to the case plan provided by Department for Safe children and

Families, a state child welfare agency. While in a session with the mom and seventeen year old son, the social worker is informed that the mom’s boyfriend molested the

son last year. The molestation went on for about six months before the mom found out. When asked whether the boyfriend was arrested mom said she handled it by throwing

him out of the house. The social worker also came to find out that the mom is giving the son her depression medication because she feels he’s depressed also. Unsure of

what to do, Ms. Newbie met with her supervisor, Mr. Man. After receiving wise counsel regarding the matter, Mr. Man said, “Ms. Newbie, now what are you going to do for

me for that piece of advice.” Ms. Newbie replied “Excuse me?” Mr. Man said “you can pay me for that advice tonight at my place.” Discuss the issues that Ms. Newbie has

to deal with. What should she do regarding the family she’s servicing and Mr. Man?
3. Recently several parents have been arrested for leaving their young children alone while working or attending job interviews. There is one parent that I need your

advice about. Jane is a single mother who recently obtained a job at a fast food restaurant. She is the mother of an eleven year old girl. Jane does not have the money

to pay a babysitter and she does not have reliable or responsible family members who are available to watch her daughter while she is at work. She has worked it out

with her boss to work while her daughter is at school; however one day her boss is in need of Jane’s services on a Saturday for a five hour shift. Afraid that if she

declines she will be fired Jane decides to take her daughter to the local park they frequent, provide her with a mobile phone and leaves her there while she goes to

work. A parent at the park realizes the little girl has been there by herself for an extended period of time and calls the police. The police arrests Jane at her job.

Using your state child abuse and neglect laws discuss what you believe would be the outcome of this case. Discuss public policy issues as well. If you were the judge

how would you rule?

(Please choose whichever 3 are best for you, the state would be New Jersey if you do question #4.

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