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Legal Writing 2

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Submitted By barbarabeckford
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Sally Bright asked her husband, John, to move out temporarily due to marital difficulties. After a brief separation,
Sally filed for divorce and received temporary custody of their 14-year-old daughter, Chastity. John’s response to
Sally’s divorce petition requested custody and the court ordered that the child have visitation with John every weekend. Nine months later, the court conducted a final hearing in the divorce matter. Both parties still want custody of Chastity.

Among the facts that came out during the hearing, and are undisputed, are the following:
• Sally will be moving to another part of the country soon to take a job.
• A psychologist that counseled Chastity about her emotional problems testified that Chastity would prefer to stay with her dad so that she doesn’t have to go to a new school and make new friends.
• John has realized that he is gay and has met a male companion who doesn’t live with John presently but someday might.
• Chastity testified that she feels “weird” around John’s new companion.
• John makes $125,000.00 per year and Sally’s new job in another part of the country will pay $35,000.00.
• John has, on several occasions, physically abused Sally, but he never did so in front of Chastity and has never abused Chastity.
• Both parents have been actively, and almost equally, involved in the day-to-day care of Chastity throughout her life.

Testimony of Dr. Samuel Stoller. I counseled Chastity at the request of her father, John, who said she was having problems at school since her mother filed for divorce. Chastity clearly wants to stay in the area so she can be with her friends as she moves into high school. Given the stress of the divorce, I think it’s in Chastity’s best interest that she remains in the safe, secure environment that she is familiar with. Since her mother is moving away, Chastity

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