Case Study: Thorn Legal Memo Under Current

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[. . .] Thorn. Mr. Thorn's efforts will most likely result in the court finding this requirement met.

Factor B

The second consideration of the court is, "The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any." Mr. Thorn's son is almost one-year-old and there is not information mentioning particular religious affiliations of the couple, so this factor will not be used by the court.

Factor C

The third factor states, "The capacity and disposition of the parties involved to provide the child with food, clothing medical care or any remedial care recognized and permitted under the laws of this state in reference to medical care and other material needs." Mr. Thorn currently earns an income of $80,000 per year, which is more than sufficient to provide for the material needs of his son. Additionally, Mr. Thorn has been paying $1,000 per month to Ms. Thorn's mother for the care of the child, which shows that Mr. Thorn also has the disposition for using his money to support his son. Thus, the court will hold this factor in favor of Mr. Thorn.

Factor D

Factor D. requires that the court consider "The length of time for continuity." In other words, how long the child has been with each parent. Here, Ryan is one-year-old and has spent this entire year with his mother; however, Mr. Thorn was not given the opportunity to spend time with this son. As with factor A, Jones v. Jones takes precedent resulting in a finding that the lack of continuity cannot be counted against Mr. Thorn. Thus, the court will not hold this factor against him.

Factor E

Factor E. considers, "The permanence as a family unit of the existing or proposed custodial homes." In the past year of Ryan's life he has been relocated in and out of the state. Thus, he currently does not have a permanent residence within a custodial home.

Factor F

Factor F. states, "The moral fitness of the parties involved." Here, Mr. Thorn was convicted of battery and assault twelve years ago from spousal abuse resulting from alcohol abuse. Since that time, Mr. Thorn committed himself into a rehabilitation center and has been sober for seven years. The court will bring up his previous history, but will not hold it against him because he has clearly been rehabilitated.

Factor G

Factor G. evaluates, "The mental and physical health of the parties involved." Here, Mr. Thorn has no recognized mental or physical health conditions, therefore this factor is met.

Factor H

Factor H, "The home, school, and community record of the child" is moot in this case given that Ryan is only one-year-old.

Factor I

The "Reasonable preference of the child, if the court considers the child to be of sufficient age to express preferences." Is also a moot point as Ryan is not old enough to communicate his preference.

Factor J

The next factor considered by the court is, "The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents." See factors A and B. For this argument. It should also be emphasized to the court that Ms. Thorn has been unwilling to facilitate any close relationship for Mr. Thorn with Ryan. In fact, upon leaving the hospital, Ms. Thorn specifically instructed Mr. Thorn not to visit her at her mother's house and failed to give Mr. Thorn any information as to his son's location when she moved out of state.

Factor K

Factor K. evaluates, "Domestic violence, regardless of whether the violence was directed against or witnessed by the child." See factor F. For argument.

In conclusion, Mr. Thorn does meet the court's standards for a fit parent. He is financially and morally capable to being a responsible parent. Additionally, he has made every attempt to provide love, attention, and care to the child. While he does have a criminal record of abuse, he has demonstrated a successful rehabilitation and therefore cannot have his past mistakes be counted against… [END OF PREVIEW]

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APA Format

Thorn Legal Memo Under Current.  (2012, September 25).  Retrieved May 25, 2019, from https://www.essaytown.com/subjects/paper/thorn-legal-memo-current/2764034

MLA Format

"Thorn Legal Memo Under Current."  25 September 2012.  Web.  25 May 2019. <https://www.essaytown.com/subjects/paper/thorn-legal-memo-current/2764034>.

Chicago Format

"Thorn Legal Memo Under Current."  Essaytown.com.  September 25, 2012.  Accessed May 25, 2019.
https://www.essaytown.com/subjects/paper/thorn-legal-memo-current/2764034.