Posted: August 3rd, 2022

Student Critic Response

Student Critic Response
Review your classmates’ posts. Chose one classmate’s post. Assume you represent James. Post an argument explaining that a change of custody is not supported by the law or facts. Hint: A little legal research may go a long way in supporting James’ argument. There is a case on point out there. Don’t forget to cite to your legal authority.
Pursuant to section 8-103 of the family law Article, indeed, the court makes a decision based on the child’s best interest. As such, Emily and Sarah’s interest would play a very important role insignificant role in regard to the modification of the custody. But it is also important to consider that the child’s best interest is dependent on the parent who can provide for the child. This does consider the emotional provision and a financial provision, which plays a greater role in the outcome of the child. The law will consider the parties who would ultimately meet the child’s best needs and provide a home for the child. As the sole and primary custodian, James has ownership of the children’s home and plays a critical role in the children’s education, seeing that the children go to the school where James resides.
The children’s preference does not count under these circumstances since none of them is above 18 years of age. As such, they legally do not have a voice before the court. Additionally, the law will also consider the willingness of a party to support and maintain a parental relationship between the child and the other parents who do not have sole custody—seeing James had the initial sole custody of the child and was willing to make an out of court agreement with Donna to let her see the children during the holidays. James continued to play and harbor goodwill for the benefit of the children. James has been very forthcoming and continues to support an amicable solution.

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Study Notes & Homework Samples: Constitutional Law »Project Quality Management