Are there any statutes in your state specifying the conditions for modifying a custody order that was issued within your state? If so, what are they?

a. Are there any statutes in your state specifying the conditions for modifying a custody order that was issued within your state? If so, what are they?

b. Find an opinion in which a custody order issued in your state was modified by a court in your state. What was the modification? Why was it ordered? What standards did the court use? Were there other factors about the case that you would have liked to have had? If so, what facts and why would you want to know about them?

c. Make up a fact situation involving a case in which sole custody was granted to one parent, but the other parent is now seeking a modification. Make it a close case. Include facts that support a modification and facts that support a continuation of the status quo. Now write a memorandum in which you discuss the law that would apply in your state to your case. Assume that you are working for the office that represents the party who wants to prevent the other side from modifying the order

d. Read Exhibit 9.3 containing an affidavit in support of a motion to modify a custody decree. Do you think the court should reconsider the custody order as requested? What further facts, if any, would you like to have?

 

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