Charlie is unhappy with the custody and visitation orders from the court. He was told by "buddies" of like mind and plight that he is stuck with the orders and should just learn to live with them. Charlie refuses to take this do-nothing attitude. He has gone to see an attorney and was told the following:
What will be an ideal response?
Custody and visitation orders are always modifiable. However, the burden of proof will be on Charlie to prove that there is more than his mere "unhappiness," but a substantial change in circumstances and that a modification to the existing custody and visitation situation is in the best interest of the child, or that the court did not have certain facts available at the time of entering the original order. The change of Charlie's circumstances must have occurred after the date of that order. The new evidence presented must be such that it justifies a motion to modify custody or visitation. The court will entertain Charlie's motion(s) if he can establish grounds such as:
| ? | The child is old enough to choose with whom he/she wants to live. |
| ? | Either parent remarried or the custodial parent is cohabitating. |
| ? | The needs of the child have changed. |
| ? | Either parent's lifestyle has changed. |
| ? | The child is being abused or neglected. |
| ? | The custodial parent has relocated. |
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Emma is a freelance paralegal who is doing some legal research for a client law firm in another state - the State of Pennada. This is making her research a little more complicated
As is often the case, there is no law in Pennada on the issue she is researching. There is, however, case law (a case directly on point) from her own state that also uses the ABA Model Rules as the basis for its state law. The next step Emma should take in her research is: A) compare the relevant Pennada professional conduct rule with the corresponding rule in her own state. If they are the same, then she may be able to use case she found. B) only look for cases from her state because other state case law is irrelevant C) compare the Pennada professional conduct rule with the ABA Model Rule. If Pennada has changed the rule, then it is invalid. D) check for other cases, because the case she found is useless.