The reason I chose the case that I did is multi-fold. One, I have been dealing with the State of Michigan courts as recently as today concerning family law since my divorce in 2002. Michigan is a state that gives very little deference to a child’s wish of who they want to live with (regardless of age or maturity) regardless of how equal the living arrangements are (e.g. healthy environment, good schools etc.). In fact it was only relatively recently that Michigan finally changed its laws and assumed a 50/50 split in custody so long as it is in the best interest of the child. The second is that I am active duty military (Army) and feel at times this gave me a distinct disadvantage even though my job is permanently non-deployable, yet I move every few years technically having to ask the court for permission. This is not to say I disagree with the “best interest” factor, but the courts have –in my opinion- way too much say in this matter. So much so that recently the Honorable Lisa Gorcyca (the judge permanently assigned to my case) made headlines for jailing three children for not “having a relationship with their faither” in “direct contempt” of the court. I must say I agreed with her order after reading the transcripts as I was borderline a victim of parental alienation. But that is another posting some other time.*Note: Prior to Judge Gorcyca, I had another judge and in comparison, I find Judge Gorcyca to be one of the most fair and equitable judge I have been in front
I would stay in the continental Army during the revolution despite the death and sickness. I would stay because of how low the percent of death and sickness was, i am apart of something huge for my country, and we were still winning battles even though many of the soldiers were sick. According to Document A, about 49% of the army were getting sick. Even though this is a large percentage the amount of people that were fine is slightly larger at 51%. In Document B, the engraving shows George Washington talking about a plan. This is another reason I would stay in the continental army this shows he knew what he was doing and could lead us to victory. In Document C, even though Dr. Albigence Waldo says everyone was getting sick they were still
In 2014 the Barriers to Permanency Project conducted a case analysis of 455 children that had been in out of home care for 36 months or longer. The study found that 7% or 32 children were still in care due to custody not being established for the parent who had been deemed safe (K. B. Hawekotte, address, January 26, 2017). Judges, case workers, Guardian ad Litems (GAL), attorneys, and CASA (court appointed special advocates) are reluctant to terminate court jurisdiction of
A court battle is erupting over the fate of a 3-year old named Braelynn. Her adopted family claims that she is theirs since they legal adopted her when her biological mother gave away all here parental rights. However, the father was incarcerated at this time and did not have a say in the ordeal. But now that he is out, he wants his daughter back since his parental rights should have never been terminated due to his incarceration. The Dalsings had adopted her from three weeks old and Braelynn has never met her biological dad. Yet a judge agreed with the biological father’s argument and vacated the adoption. Braelynn is still living with the couple but have requested a re-hearing at the state court of appeals.
The lawyers highly support a joint custody that would benefit the child. The lawyers argue the case on two different aspects.
Second, denies a litigant the opportunity to make an individualized showing of bona fide residence, and therefore
In 1997 the National Conference of Commissioners on Uniform State Laws (NCCUSL) created the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to replace the Uniform Child Custody Jurisdiction Act (UCCJA), which was created in 1968. Like the UCCJA, the new and improved UCCJEA served the purpose of “deter[ing] the removal or kidnapping of children, eliminat[ing] interstate jurisdictional competition, and prevent[ing] states from relitigating custody decisions from other states.” (Ehrlich, p. 411) Since its creation, the UCCJEA has been a major go-to reference for Courts in all states except Massachusetts and Vermont, who have not yet adopted said act, when considering the technicalities of jurisdiction for child custody cases.
In contrast, the case In Re Southard, 365 P.3d 1089 (2015), the court found that the nonparent should have custody of the child due to a child-parent relationship. In this case, the mother had married two men Southard and Larkins twice. Southard, 365 P.3d at 1092. The result of these multiple unions was three children. Southard, 365 P.3d at 1092. At the end the mother’s fourth marriage with Southard, he received custody of all three children including AR who was not Southard’s biological child, but Larkins. Id. The mother petitioned for custody, but custody was denied. Id. The court found that Southard had physical custody of AR for a year and had developed a child-parent relationship. Id. The court also decided that the time Southard spent with AR were not caused by custodial inference, but by the marriage of the mother and Southard. Id. at 105.
Child relocation laws and best practices in the United States vary from state to state. Child custody in Arizona is defined as “legal decision-making” for the child and visitation is known as “parenting time”. The term “child custody” is no longer used, effective January 1, 2013. The court can order one or both parties to have legal decision-making authority for the child(ren) and consider many factors, falling under A.R.S. 25-403. In the case of joint legal decision-making authority, both parents must work together to make decisions regarding the child. If one parent is granted sole legal decision-making authority, they make decisions about the child without consenting the other parent as long as it
Decisions about the circumstances under which children may be removed from their parents and placed in state-supervised foster care raise constitutional as well as policy questions. The Due Process Clause of the Fourteenth Amendment provides that no state shall “deprive life, liberty, or property without due process of law.”The Supreme Court has long established that the Due Process Clause provides “heightened protection” against government interference with certain fundamental rights and liberty interests, the oldest of which is the fundamental liberty interest of parents “in the care, custody, and control of their
In August 1921, Franklin Delano Roosevelt's world was shattered. While at his retreat at Campobello, he was hit with a case of polio that left him paralyzed from the waist down for the rest of his life ("Franklin Roosevelt"). He was hit with what one would call a major setback, but which he turned into a minor setback before an astonishing presidency. Such an event did not make him a lesser man, it made him a better man and a stronger president. Roosevelt took on the task of being the President of the United States during one of the greatest economic crises' in the world. Despite being disabled, he guided the United States out of the endless black hole that they were in. Perseverance was the characteristic that enabled FDR to overcome extreme
Jane and jack were not happy with their marriage and decided to get divorce. They decided to share legal and physical custody of their three kids which they think is the best for kids. “After a recent meta-analytic of thirty-three studies of custody, one researcher reported that children in joint physical or joint legal custody were better adjusted than children in sole custody” (C&B 201). Joint custody gives kids change to see the both parents and it also gives both parents chance to be involved with their kids’ lives. Both Jane and Jake knew “continued conflict between parents is one of the causes in children’s divorce problems” and they wanted their kids to adjust the divorce quickly and to do that they knew they had to be cooperative and get along well.
As a young child, I learned that education would be beneficial to not only myself but also all humankind. Growing up in a Northeast Florida housing project my father and mother did the best they could to raise nine children. My father worked seven days a week in the service industry as a waiter and bartender while my mother worked as a domestic employee in the homes of more affluent people in the south. My father had an eleventh grade education and my mother had not passed the tenth grade before she bore her first child. Neither parent completed high school but they had dreams of their children far exceeding their educational accomplishments. I was child eight of the nine and I knew early on that I did not want to live
Martin Luther King Jr. once said, “the ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people”. This quote resonates with me because it explains how normal it has become in our society to dismiss history or the various forms of oppression and dominations. Prior to reading An Indigenous Peoples’ History of the United States, I had very limited knowledge of the massacres, enslavement and tragedies that the Native Americans tribes endured because of colonization. As an immigrant to the United States, I did not know a lot about Native Americans nor were they part of the larger academic conversation. In school the most we were taught about Native Americans were that Columbus sailed the oceans in 1492, looking for India but instead he discovered
According to many the custody of a child should be determined with the best interest of the child in mind. However, it is not easy for a
Many believe that “Death of a Salesman” represents a working man’s goal of achieving the American dream, but the disillusioned Willy Lowman uses it as a façade. This façade conceals his narcissistic personality while accommodating for his lack of self-esteem and failures. Willy lives in his own utopic fantasy where everyone knows who he is and he’s treated like a king. A man full of delusion in an ever changing world which is advancing and leaving him both mentally and physically stale, if only he could see through his grandiosity. In the following text we’ll see that “Death of a Salesman” reflects the delusions of one man and his image as seen by himself, his family and others, through the examination of the theme, his character and the time period for his existence.