We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Fully researched Legal Interoffice memorandum based on my class hypothetical - Research Paper Example

Comments (1) Cite this document
Question Presented: Whether our client, Melissa Porter, has any recourse to regain custody of her son after the child’s father filed a second paternity case in another state from which the first was filed and he had unofficial, temporary custody of the child for over 6 months. Brief Answer Yes. …
Download paper
Fully researched Legal Interoffice memorandum based on my class hypothetical
Read TextPreview

Extract of sample
Fully researched Legal Interoffice memorandum based on my class hypothetical

Brief Answer Yes. The fact that the child’s father filed a paternity action in Illinois when paternity had already been established by court order in Florida, thus the Florida court had continuing custody jurisdiction, following the Uniform Custody Jurisdiction and Enforcement Act (750 ILCS 36/101 et seq. (West 2004)). In order to obtain any custodial rights, the correct filing would be in Florida for a temporary change of custody or a petition requesting a change of jurisdiction to reflect the parties’ new home state. In addition, due to Ms. Porter’s active duty status in the military, the action falls under the Service Members Civil Relief Act of 1997 and contains several, reversible errors under that law and its adoption by Florida statute 61.13002, et seq.. Statement of Facts Our new client, Melissa Porter, has a five- year old son with former partner, John Straub. Paternity, custody and child support were established in Florida in 2008, where the child and the parents resided for approximately four years. The Florida courts have not relinquished jurisdiction, nor is there any pending action to do so. All parties relocated to Illinois a year ago. There were no filings, motions or correspondence between courts to change home state jurisdiction. At that time Ms. Porter had custody of her son, David. Ms. Porter joined the U.S. Army Reserves in August 2010. There was a verbal agreement between mother and father that Mr. Straub would provide a home for his son during six weeks of Basic Training, at which time Melissa would resume care and custody of their David. During active duty in the Reserves, Ms. Porter suffered a serious training accident and spent six months recovering. She was recently re-settled in Chicago and attempted to arrange the return of her son to her care. Mr. Straub and his new wife refused and filed a paternity action in Illinois, the conclusion of which he was awarded custody of the son. Our client wants to understand what rights she has to the return of her son under applicable State and Federal statutes, as well as any other issues or concerns that arise from her service and subsequent injury. Discussion It is likely that the Illinois Appellate Court will overturn the lower court decision on custody jurisdiction and vacate the custody order because it occurred while Ms. Porter was covered by the Service Members Civil Relief Act (50 U.S.C. §520, et sec) and the Florida courts had continuing custody jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act of 1997 (750 ILCS 36/101 et seq. (West 2004)) (UCCJEA). The original Florida custody order of November 3, 2008 takes precedence over the Illinois custody order obtained in error in 2011. The Uniform Child Custody Jurisdiction and Enforcement Act presents the States with more transparent principles to use in deciding which States have original jurisdiction with regard to paternity and custody determinations. Article 2, Section 202(a) states: Except as otherwise provided in Section 204, a court of this State which has made a child-custody determination consistent with Section 201 or 203 has exclusive, continuing jurisdiction over the determination until: (1) a court of this State determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child's care, protection, training, and personal relationships; or (2) a court of this State or a court of another State determines ... Read More
Cite this document
  • APA
  • MLA
(“Fully researched Legal Interoffice memorandum based on my class Research Paper”, n.d.)
Retrieved from https://studentshare.net/law/2071-fully-researched-legal-interoffice-memorandum
(Fully Researched Legal Interoffice Memorandum Based on My Class Research Paper)
“Fully Researched Legal Interoffice Memorandum Based on My Class Research Paper”, n.d. https://studentshare.net/law/2071-fully-researched-legal-interoffice-memorandum.
  • Cited: 0 times
Comments (1)
Click to create a comment
windlerlesly added comment 1 month ago
Student rated this paper as
The topic of "Fully researched Legal Interoffice memorandum based on my class hypothetical" is quite often seen among the tasks in university. Still, this text opens a fresh perspective of seeing the question. I’ll use the style for my own sample.
Interoffice memorandum
There were client complaints on the quality of advertising that reached our President, Mr. Forest and needs immediate action. Further, there were reported incidents of top management people leaving the branch supposedly because their creative efforts were deemed disregarded and no prior consultations on the amount of new projects to be accepted to conform to the high quality of work expected and could be accommodated by the staff.
2 Pages(500 words)Assignment
Research and Business Plan-based on my business idea
We don’t have it. Voluntary reporting vastly underestimates the frequency of errors and injuries that occur” – Dr. Landriagn (Assistant Professor at Harvard Medical School) (Study finds no progress in safety at hospitals) Time is of essence in the field of health care.
15 Pages(3750 words)Research Paper
MEMORANDUM To: The Honorable Levon Warner From: Community Alternatives to Incarceration Date: June 6, 2011 Re: Cost-Benefit Analysis of Prison and Probation This memorandum serves as a recommendation on the cost/benefit analysis comparing the expenses incurred for incarcerating of convicted accused Mr.
3 Pages(750 words)Research Paper
Researched Literary Analysis
Contemporary critics never liked her work during her life but the novels gained popularity well after her death. Even though her novels were not best sellers, her texts fully described the country life of middle to upper class landed gentry in England at the time.
7 Pages(1750 words)Research Paper
Hypothetical Research Designs

This research will begin with the statement that research design is the plan or strategy which is formed to develop the hypothesis for the research problem. In the field of virtual project management, where the project manager has the duty to manage a team of many people working in different parts of the country, he faces many challenges in this regards.

4 Pages(1000 words)Research Paper
2. Why do criminal cases reach trial much more rapidly? Should there be such a dichotomy? 3. What roles do lawyers play in these delays? Is this right? Summary 1. Civil cases take so long to get to trial because of the procedure and components of the discovery and pleading process.
5 Pages(1250 words)Research Paper
Researched Proposal
If you found this article by using the World Wide Web, you must complete the following portion of the form as well. Answer the following questions: If the article comes from an online subscription
4 Pages(1000 words)Research Paper
It owes much to the fact that the country follows certain business rules, and certain etiquettes while managing day to day supervision and vocational activities.
4 Pages(1000 words)Research Paper
Researched Essay Assignment
This was the first recorded fashion shop that was opened in France by Charles Frederick Worth. Through the products sold in his shop, Worth was able to dictate what individuals residing within the region wore. The designs that were made by his team of tailors
6 Pages(1500 words)Research Paper
Researched Argumentative Essay about following topic, Should it be legal to sell human organs (during life/after death)
The access of organs for transplants in many countries vary due to national situations, cost of the operation, and its healthcare, technological advancement of a country and supply of the organ. The findings show that many deaths are occurring due to organ trade being
7 Pages(1750 words)Research Paper
Let us find you another Research Paper on topic Fully researched Legal Interoffice memorandum based on my class hypothetical for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us