Memorandum
Comes John Bright, by counsel, and for his memorandum states as follows:
Facts
Both Sally and John have actively been proper parents to Chastity, taking equal parts in all her daily concerns. John has better pay than Sally, and Chastity prefers to live with her dad to avoid changing schools. In the nine months that Chastity has stayed with her mother, John has adhered to the visitation rights granted to him, to see the child only during the weekends. Being gay does not make John less of a parent. Despite allegations of abuse and excessive drinking, there is no record of John being involved in a police case due to his deeds.
Does a Better Pay Mean a Better Life for a Child?
One of the most significant considerations when determining custody is the ability of a parent to provide a child with a comfortable life with all necessary basic needs. John, Chastity’s father, has a salary 3.6 times higher than that of Sally, which implies that he is in a better position to meet the financial needs of her daughter than her mother. Chastity is soon moving to high school, requiring more outstanding learning fees that her father can comfortably provide.
Does Being Gay Affect Parenting?
According to Dr. Samuel, being gay does not prevent a person from becoming a proper parent. Parenting is not based on someone’s sexual orientation, and thus, John can make a proper primary guardian for Chastity. Studies have shown that children of gay parents fare just as well as children of heterosexual parents in terms of psychological well-being and academic achievement (Mazrekaj et al., 2020). The U.S. court approves gay parenting as it allows marriage between men and women. In 2015, the U.S. Supreme Court passed a law within the 14th Amendment requiring all states to approve gay marriage. This was after the Obergefell v. Hodges case that prompted the court to pass same-sex marriage rights (Can a parent who committed family violence or domestic abuse get visitation, 2022). Thus, if John ends up marrying a man, he would raise Chastity in a proper environment.
Does the Concerns of a Child Matter in Determining Their Custody?
A court always puts the needs of a child first when determining custody. In this case, Chastity prefers to stay with her father, whom she claims to be more comfortable around. The idea of divorce has already taken a heavy toll on Chastity, and she does not wish to begin her life again if she goes with her mother to a new state. U.S. family laws state that a judge must consider all facts about a child and their needs first to determine the parent who takes custody (Mazrekaj et al., 2020). In this case, Chastity does not want to lose her friends, especially as she moves to high school. Going with her mother would add psychological torture to Chastity, as she would not be comfortable thinking of the life she left behind in her new grounds.
The U.S. laws consider the nature of the relationship between a child and both parents to determine the one a child fairs better with. It further looks into a child’s social surroundings, including friendships, school, and the general community, to choose a home that satisfies their best interests. In this case, the father would be considered for Chastity’s custody, as the child claims to feel more comfortable with the father.
Conclusion
John should be granted custody because he is in a better position to meet Chastity’s requirements as he has a good salary. Moreover, it would ensure that Chastity does not leave her friends and stays with her father as she prefers.
Reference
Can a parent who committed family violence or domestic abuse get visitation? WomensLaw.org. (2022). Web.
Legal Information Institute. (2000). Troxel v. Granville. Legal Information Institute. Web.
Mazrekaj, D., De Witte, K., & Cabus, S. (2020). School outcomes of children raised by same-sex parents: Evidence from Administrative Panel Data. American Sociological Review, 85(5), 830–856. Web.