Legal Writing Graded Project 2 - Petitioner

1229 Words Sep 14th, 2011 5 Pages
IN RE THE MARRIAGE OF
SALLY BRIGHT PETITIONER
V. MEMORANDUM
JOHN BRIGHT RESPONDENT
Comes Petitioner, by counsel, and for her Memorandum states as follows: I. FACTS Sally Bright (Petitioner), filed for divorce and custody of 14 year old daughter, Chastity. John Bright (Respondent) also requested custody. The court ordered temporary custody of the minor child to Petitioner and visitation with Respondent every weekend. Petitioner will be moving to another part of the country to take a job. Respondent has realized he is gay and has met a male companion who doesn’t reside with him presently, but someday might. Chastity testified that she feels weird around Respondent’s male companion. Psychologist, Dr.
…show more content…
The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent. In Reel v. Harrison, 118 Nev. 881; 60 P.3d 480; 2002 Nev., “First Judicial District Court affirmed the trial court’s determination that § 125C.200 violated the Equal Protection Clause of the Fourteenth Amendment by restricting a custodial parent's fundamental right to travel. The trial court also concluded that even if § 125C.200 was constitutional, the mother was still permitted to relocate the minor child to New Jersey, based on the career and educational opportunities available... and the ability to maintain reasonable visitation with the father”. In McGuinness v. McGuinness, 114 Nev. 1431, 970 P.2d 1074 (1998) the Nevada
Supreme Court first applied the relocation standards to a case involving joint physical custody.
The Court again emphasized the importance of alternate visitation arrangements, reasoning that physical separation does not necessarily preclude a parent from maintaining significant and substantial involvement in a child’s life, and noting alternate methods of maintaining a meaningful relationship, including telephone calls, e-mail messages, letters, and frequent visitation. Id. at 1436. The Court went on to reverse

More about Legal Writing Graded Project 2 - Petitioner

Open Document