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New York Family Law 62EXAM III Essay 1 (50 PTS) Prof. Barran
Nathan and Michelle were married on January 2, 1999 and have two children, Jack and Jill. Jack is 13 and Jill is 4 years old. They lived together in their house in Scarsdale, NY from June, 1999 through May 1, 2020 when Michelle moved out of the home leaving Nathan and children. Michelle and Nathan agreed that they would have an “open marriage” where they could have physical, but not emotional, relationships with people outside their marriage. This arrangement allowed them to “date” different people over the past 20 years of marriage and neither had an issue with the arrangement. Several times Michelle introduced her children to her “dates” and told the children that “Mommy is going out on a date when Daddy is not good to Mommy.” Nathan never introduced or spoke to the children about his “dating” outside the marriage. However, when the children asked why is Mommy going out on a date, Nathan explained to the children that as adults Mommy and Daddy agreed that they could have “friends” that they go out with sometimes. On two occasions, when Jack was 10 years old, and wanted to know why Daddy is not going with Mommy on her dates, Nathan became angry, yelled at Jack, told him he is “a stupid kid who doesn’t know anything”, and locked Jack in his room for 3 hours for asking “stupid questions.”
One evening, on October 31, 2019, Michelle came home very happy from a date with a mark on her neck. Nathan questioned her about it and she responded that she had a fun time with Darryl. Nathan responded, “you saw him again? That’s 3 or 4 times that you are seen him this week. We agreed not to have an emotional affair. How do you feel about him?” Michelle said, “Well, I have been meaning to talk to you about this. I am actually in love with Darryll and I am going to move in with him.” Nathan lost it and started cursing and throwing dishes against the wall in front of their kids. Nathan said “you are crazy, how could you do this to me. I have been faithful to you. You are the worst Mom to our kids.” Michelle said, “this is why I can’t be with you anymore. You are always angry and say all these things in front of our kids. I am leaving right now. Do you want to keep the kids or should I take them?” Nathan responded, “I don’t even know where you are going. You are not taking my kids. I am the one taking care of them when you go on dates 3-4 times a week.” Michelle responded, “You chose to go on dates 1 time every 3 months, I have never stopped you. Fine, I am leaving and you keep the kids. I am sure the court will give me my kids eventually.”
Between October 31, 2019 and March 15, 2020 Nathan lived with Jack and Jill in the house in Scarsdale and provided for the kids while working as an attorney for Westchester Medical Center. Michelle works as a doctor for Westchester Medical Center. During that time, Michelle would meet the children every day after school at their home in Scarsdale, do homework with them, cook for them, do their laundry, get them ready for bed, clean the house and leave when Nathan arrived from work.
On March 15, 2020 Michelle files for divorce and custody of both children and/or visitation after Nathan refused to allow her to see the kids because he found out that Michelle was pregnant with Darryll’s child. When interviewed by the guardian ad litem, Jack said he wanted to continue living with his dad and Jill said she wanted to go live with her mommy.
You are the judge deciding the custody. Write an essay (a) explaining your consideration for granting and/or denying of custody and/or visitation for each parent in this case, (b) what type of custody and/or visitation you would grant and why to each parent, and (c) state as part of your conclusion what difficulty(ies) you encountered in your consideration in this case. You must incorporate IRAC as part of your essay. Your analysis must show consideration for each parents’ qualities for deserving or not of custody and visitation.
You must incorporate IRAC as part of your essay. Your analysis must show consideration for each parents’ qualities for deserving or not of custody and visitation.