Noah Hines Case Summary
Your honour, I represent Noah Hines in the proceedings about the custody agreement between Mrs. and Mr. Smith.
Noah requests to grant sole physical custody for Mrs. Smith and to not allow any visitation rights for Mr. Smith.
Firstly, section 3042(b) of the LaLaLand Family Code authorises Noah as a child of 14 years of age to address the court regarding his custody. The court shall give due weight to his wishes when modifying the custody because Noah is a child of sufficient age and capacity to reason.
The request arises because Noah has never adjusted to his stepfather. Clear signs for their non-working relationship are two incidents where Noah was slapped by Mr. Smith because of the failure to complete his homework in time. Furthermore,
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Section 403.350 of the Family Code demands to take several aspects into account: Firstly, ‘the love, affection, bonding, and emotional ties existing between each parent and the child’. As elaborated above, there exists a deep emotional clash between Mr. Smith and Noah. Additionally, ‘the home environment of each parent considering the safety of the child’ must be considered. The use of force by Mr. Smith shows that Noah is definitely not safe in his surroundings. This amounts as well to an ‘evidence of family violence.’ The court should hence come to the conclusion that it is in the best interest of Noah to end the right to physical custody for Mr. Smith.
The court can change the custody decree on the basis of section 403.340 of the Family Code. The custodial parent must agree to the change, and because both parents agreed that the actual agreement is not favourable they conclusively agreed to change it. Additionally, the actual environment must endanger seriously the physical, mental and emotional health of the child. This is the case due to the unacceptable behaviour of Mr. Smith towards Noah. Lastly, the harm likely to be caused by Mr. Smith is worse than the effects when taking the child away from its father. How he treats Noah is not good for the child’s development. Hence, all requirements of the law are fulfilled.
Based on all the arguments above, we request the court to fulfil Noah’s request to grant sole physical custody for Mrs. Smith and to not allow any visitation rights for Mr. Smith.
Thank
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