As previously stated, our client wants custody of her children. She also wants sole legal and sole physical custody. Please refresh your memory by re-read the following cases:
1, Montgomery County Department of Social Services vs. Sanders, 38 Md. App. 406, 381 A2d. 1154 (1977)
2.Taylor v. Taylor, 306 Md. 290, 508 A.2d 964 (1986)
3. Viamonte v. Viamonte 748 A. 2d 493 (Md. Ct. Spec. App. 2000)
3. Find another Maryland case dealing with the factors that the court looks at in custody cases between biological parents AND read and use the case that you found in the IRAC memo. (This case should be in addition to the case that you found in the week 2 list assignment). This case should also involve an initial award of custody and not a custody modification. Or, you can find a case involving the factors that the court considers in awarding joint legal custody. Please find a Maryland case.
4. Brief the Maryland case that you found. Brief the case before writing the memo. Review conference posting onhow to brief a case.
5. Review and include the cases that you found for the list assignment (assuming that those cases were on point. If not, find an additional case that is relevant) .
Based on the facts stated in the intake memo and the cases cited above, please write a memo that addresses the following issues:
1. Based on Sanders, Taylor and the case you found, write a memo using the IRACC method and address whether Ms. Davis will be awarded sole legal and sole physical custody of her children.
For this assignment, you will draft a legal memo using the IRACC (Question Presented, Short Answer, Statement of Facts, Application of law, Discussion and conclusion) method of analysis. The memo will discuss whether the court should grant our client sole physical and sole legal custody of her children. Your memo must analyze the facts Ms Davis’ case and apply the law to the facts in her
??EVALUATION CRITERIA:?Your memo should reflect understanding of the legal principles regarding custody disputes between biological parents and the factors the court examines in determining physical and legal custody. The memo must accurately and completely cite and summarize the judicial opinions. You must apply the law to the facts in the case. ?Your memo must contain:?-An introductory paragraph-A statement of the facts?-An explanation of the common approach that courts use to resolve custody cases – both joint legal custody and sole physical custody (state the factors that the court looks at to address these issues) ?-A thorough explanation of the holdings of the cases. (The major facts and how the court applied the facts to the law in the cases)
-Application of the law to the facts in our case. (legal analysis) (If there are important facts that are similiar, make sure to state those facts).
-Conclusion- should our client be awarded sole physical and sole or joint legal custody.
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