|
        
| |
"MASTER OUTLINE" FOR
CHILD CUSTODY DISPUTES
1.
OUR CHILD'S STATUS QUO:
A.
The current custody/visitation schedule has been in place since [date]. It is as follows: [describe that custody/visitation schedule here].
During that time, our child has been receiving [some/most/all] parenting and care taking from [you], including: [describe your parenting and care-taking functions
here].
This part of
your testimony should address the following questions:
(1)What is the current
custody/visitation schedule?
(2) How long has it been in place?
(3) How much of your child's
parenting and care-taking has your child been receiving from you, during that
time?
Factors to
consider in answering these questions can include:
(1) (When
parents were/are living together) How much time do you or did you spend
with your child? Which parenting or care-taking functions, do you or did you
perform, when or how often?
(2) (When parents were/are
living apart) Which parent has or had how much of the total physical
custody time with your child? Or, which parent has/had physical custody of
your child on which days and at which times of the day, throughout the year?
B.
Before that, the prior custody/visitation schedule had been in place since
[date]. It was as follows: [describe that custody/visitation schedule
here].
During that time, our child had been receiving [some/most/all] parenting and care taking from [you], including:
[describe your parenting and care-taking functions here].
Consider using this headline if: (1) the current parenting arrangement is
relatively recent; and; (2) you provided significantly more of your child's
parenting and care-taking before (such as usually occurs at the time parents
separate).
This part of your testimony
should address the same question and factors indicated above. In addition,
it may also need to address the following question: Why did the change
occur?
2.
WHY OUR CHILD’S STATUS QUO SHOULD (OR SHOULD NOT) CHANGE:
Either parent’s proposed parenting plan can include: (1) maintaining
the current custody/visitation arrangements (“status quo”) as is; (2)
adopting an entirely different custody/visitation plan; or, (3) anything in
between.
Courts usually assume that a greater disruption of the child’s status
quo will probably result in a greater detriment to the child. Courts
therefore usually examine a proposed change, by balancing the detriment
caused by the change against the detriment that will occur without the
change. Hence, a substantial change is unlikely, without a correspondingly
substantial need for it.
On the other hand, when there is only a minor
need, courts often consider a correspondingly minor change.
THE COURT SHOULD ADOPT YOUR PROPOSED
CUSTODY/VISITATION PLAN [AND/OR NOT ADOPT THE
OTHER PARENT’S PROPOSED CUSTODY/VISITATION PLAN] IN
ORDER TO AVOID THE FOLLOWING PROBLEMS:
This part of your testimony should specify for the
court all the reasons that the court should adopt your proposed parenting
plan, and should not adopt the parenting plan proposed by the other parent.
Examples of the usual reasons follow. Read this
material carefully, to determine which reasons apply to your case, and which
you should ignore. Then write the remainder of
your testimony accordingly
A. The other parent's proposed
parenting plan will expose our child to PHYSICAL ABUSE, and/or your
proposed parenting plan will not.
1. The other parent’s proposed
parenting plan will expose our child to physical abuse,
while your proposed plan will not.
(a) Most
Recent Occurrence(s) of Physical Abuse
(b) History
of Physical Abuse (listed
in chronological order)
"Physical Abuse" includes
domestic violence, sexual abuse, and the future risk of either:
(1) perpetrated against the child directly, or
(2) knowingly allowing others to perpetrate
against the child, or
(3) perpetrated against others in child’s
household
2. The other parent’s proposed parenting
plan will expose our child to a physically dangerous environment,
while your proposed plan will not.
B.
The other parent's proposed parenting plan will expose our child to SEVERE
EMOTIONAL ABUSE, and/or your proposed parenting plan will not.
1.
The other parent’s proposed parenting plan will expose our
child to parental alienation, while your
proposed plan will not.
(a)
Most Recent Occurrence(s) of Parental
Alienation
(b)
History of Parental Alienation (listed
in chronological order)
"Parental Alienation" is any
pattern of acts or omissions by one parent, which sabotage the child’s liberal
access to, and quality parenting from, the other parent. Such acts may include::
(a) Abducting or hiding the child from the other
parents;
(b) Allowing the child to be exposed to derogatory
remarks, to or about the other parent;
(c) Interrogating the child about the other parent;
(d) Using the child to spy on the other parent;
(e) Using the child to deliver messages or other
communications to the other parent;
(f) Discussing with the child, or allowing the child
to be exposed to information about, any dispute or
legal action involving either the child or any parent;
(g) In any other way encouraging the child to develop
or maintain an adverse relationship with the other
parent;
(h) In any other way discouraging the child from
developing or maintaining a positive relationship with
the other parent.
2.
The other parent’s proposed parenting plan will expose our
child to alienation from a quasi-family member,
while your proposed plan will not.
(a)
Most Recent Occurrence(s) of
Quasi-Family Member Alienation
(b)
History Quasi-Family Member Alienation (listed
in chronological order)
"Alienation of a quasi-family member"
is: any pattern of acts or omissions by the other parent, which sabotage the
child’s liberal access to, and a quality relationship with, the child's
quasi-family member.
A "Quasi-family member" is:
(a) a permanent member of your household;
(b) other than yourself;
(c) typically including siblings; half-siblings;
step-siblings; and step-parents;
(d) with whom your child has a strong, pre-existing
emotional bond, of a nature and magnitude similar to that which exists between
children and their close family members generally; and,
(e) severing that emotional bond will result in
severe emotional damage to your child.
3.
The other parent’s proposed parenting plan will expose our
child to other forms of severe emotional abuse,
while your proposed plan will not.
(a)
Recent Example(s) of Severe Emotional
Abuse
(b)
History of Severe Emotional Abuse
"Severe emotional abuse" is
any pattern of acts or omissions by one parent, which result in adverse
consequences to the child, and which:
(a) if observed by a reasonable and prudent person,
would cause that person to scream, "Outrageous!!" or,
(b) if brought to the attention of the court,
would shock the conscious of the judge
C.
The other parent's proposed parenting plan will expose our child to NEGLECT
OR ABANDONMENT, and/or your proposed parenting plan will not.
1.
The other parent’s proposed parenting plan will expose our
child to a parent who abuses drugs or alcohol
in such a way as to preclude that parent from providing
adequate parenting, while your proposed plan will not.
2. The other parent’s proposed parenting plan will
expose our child to a parent with an unaddressed
psychiatric condition that precludes that parent
from providing adequate parenting, while your proposed plan
will not.
3. The other parent’s proposed parenting plan will
expose our child to substantial instability,
while your proposed plan will not.
Examples of "substantial
instability" include
excessive changes in residence within a
relatively short time, and excessive
changes in cohabitation partners within
a relatively short time.
4. The other parent’s proposed parenting plan will
expose our child to other forms of neglect or
abandonment, while your proposed plan will not.
Typical examples of "neglect and
abandonment" include:
(a) Neglecting the child’s health care needs;
(b) Neglect of the child’s
educational needs. Educational needs
include: consistent school
attendance, arriving at school
consistently on time, assuring
homework is done, and otherwise
promoting the child’s education;
(c) Maintaining unsanitary or
unhealthful living conditions;
(d) Leaving the child without
appropriate, adult supervision;
(e) Modeling, allowing, or
encouraging the child to engage in
any activity or behavior involving
an unreasonable risk of detrimental
consequences.
D.
The other parent's proposed parenting plan will result in OTHER DETRIMENT
to our child, and/or your proposed parenting plan will not.
1.
The other parent’s proposed parenting plan will expose our
child to a parent who fails to respect and follow
prior court orders, in a way that causes or is
likely to cause substantial detriment to our child, while
your proposed plan will not.
2. The other parent’s proposed parenting plan will adversely
impact our child in any other way, that is
substantially more detrimental to our child than would be
allowed under your proposed parenting
plan.
* * * END
OF OUTLINE * * * | |
|
