Legal Memorandum

Analysis for Johnny For the custody must use case

Pennington v. Marcum, 266 S.W.3d 759 (Ky. 2008)

Due the best interest of the child Johnny will argue that he should have the custody of the two teens children in regard with unnecessary separations of the siblings also will argue that want the custody of Joel address the idea of the development in the medical filed in transferring the milk or any method instead of breastfeeding. also he is dating his doctor Dr. Sandy Sizemore, his Cardiologist. Indicating that she is more knowledgeable in the medical filed she will be able to help with Joel. And he wants to be the primary custodian for all the kids

Counter Analysis for Jennifer

She will argue that the environments with Dr. Sandy Sizemore in the father life will not be easy to accept for the teens since Julie and Jessica are both “Daddy’s girls”. Also Joel used to be with mother it is extremely difficult in age 13 months would be used to someone else expect other. In matter of with unnecessary separations of the siblings the best the best interest of the child to stay with mother its same still same neighborhood and school and friends. Jennifer is the best caregiver for the children her medical background will assist the teens and Joel. Joel is still breastfeeding and has a special need. The daughters are still minors and they might need some assistance during the time of change, which is adolescent development. Adolescence is the period of transformation among childhood and adulthood. in the time of changes, the teens during entering adolescence they will be going through many changes such as physical, intellectual, personality and social developmental. In regard to the daughters, Jennifer would be a most likely better communicator and her medical experience highly will help the teens in the matter of adolescent development. Jennifer might argue subset of joint custody denominated as “shared custody, whereas the parents have legal custody that's subject to a few restrictions depicted by agreement or court order. In light of Pennington, 266 S.W.3d at 764–65. Which states shared custody as, a subset of joint custody that combines the concept of joint custody with some of the patterns of sole custody—often called “shared custody.” In shared custody, both parents have legal custody that is subject to some limitations delineated by agreement or court order. Unlike full joint custody, time-sharing is not necessarily flexible and frequently mirrors a typical sole custody pattern where the child may live with one parent during the week and reside with the other on alternate weekends. The weekend parent does not have “visitation,” a sole-custody term which is frequently misused in this context, but rather has “time-sharing,” as he or she is also a legal custodian. However, in practice, the terms visitation and timesharing are used interchangeably. Additionally, one parent may be designated the “primary residential parent,” a term that is commonly used to denote that the child primarily lives in one parent's home and identifies it as his home versus “Dad's/Mom's house.” This concept is frequently misnamed “primary residential custody.”

Court mother win

Child support

Johnny since you took the children not paying I gave the “mortgage free” marital home. Lose

Mother you must pay I don’t work I have 3 minor children, I cannot afford babysitter. Insurance. You should pay child support.

Court mother win.

alimony (maintenance)

Jhonny I am paying child support I can pay maintenance every moth or for 13 year. I give mortgage free” marital home. I will pay you “lump sum” most likely used for the tuition  Hunter v. Hunter . “win “

· Mother but i want maintenance for the 13 year to back to study I don’t work . Lose

Court Johnny wins .