Legal Writing Graded Project 2 - Petitioner Essay

Words: 1212
Pages: 5

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.
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Id. at 1437. Petitioner sees no reason why Respondent cannot maintain reasonable visitation with Chastity after she and her mother have relocated. B. RESPONDENT’S PHYSICAL ABUSE OF PETITIONER Respondent has, on several occasions, physically abused Petitioner. NRS 125C.230 states “a determination by the court…that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child”. Although this was not done in front of Chastity and she was never abused by Respondent, it is in Chastity’s best interest to be placed in the custody of her mother. C. RESPONDENT’S DISCOVERY OF BEING GAY Respondent has met a male companion that although they do not live together presently, someday they might choose to do so. In Dr. Frank Edwards' testimony, he testified that Chastity has stated she feels uncomfortable around her father’s new companion. As Nevada does not have any case law in this matter, we will refer to other states’ case laws. We are aware that this is persuasive, but not