Ed Danti appeals the divorce decree entered between himself and his exwife, Michelle Danti, particularly challenging the

Question:

Ed Danti appeals the divorce decree entered between himself and his exwife, Michelle Danti, particularly challenging the provisions awarding Michelle sole physical custody of their two children and allowing her to relocate with the children to California. Ed and Michelle were married in California in 1996. During their marriage, the couple had two daughters - one in 1998 and the other in 2004. At the time of the proceedings in this matter, the children were eight and two years old, respectively. Ed and Michelle lived in California until 2004. While there, Ed ran a residential remodeling company and Michelle owned and operated her own day care. They decided to move to Meridian, Idaho, in July 2004. Their plan was to stay in Idaho for a few years and then possibly relocate to California. Once the family arrived in Idaho, Ed began his own custom tile business and Michelle stayed at home with the children. In August 2005, Ed hired a designer, Heather Clark, to assist him with some of his remodeling projects. Approximately one month after Ed hired Heather, he and Michelle began considering divorce. Michelle was unhappy living in Idaho and the couple fought frequently. Although no definitive resolution was reached, the couple decided to temporarily separate. During their period of separation, Ed continued to live in the couple's home. Shortly after Ed and Michelle decided to separate, Michelle learned from Heather's husband that Ed was likely having an affair with Heather. Michelle confronted Ed with this information and he admitted having an emotional connection to Heather, but denied any sexual relationship. Over time, however, Ed's romantic feelings for Heather grew. When Ed eventually told Michelle of his feelings for Heather, Michelle informed him that she wanted to move back to California but she agreed not to leave until Ed returned from a trip he was taking to California. In return, Ed agreed to allow Michelle to move to California with the children once he arrived back in Idaho. Once Ed returned from his trip, Michelle decided to move back to California. Thereafter, Michelle and the children returned to California, but continued to have daily conversations with Ed. During the course of those conversations, Ed was able to convince Michelle to come back to Idaho. Michelle agreed to return after Ed promised that he would end both his personal and professional relationships with Heather. Once Michelle arrived back in Idaho, she began to suspect that Ed was still seeing Heather. By December 2005, it became obvious to Michelle that, despite his promise, Ed was continuing his relationship with Heather....

Questions:

1. Which factors related to best interest did the court rely on in making its custody decision?
2. Explain why the court declined to award joint custody, given the state's joint custody presumption.
3. Why did the court agree to allow Michelle to move out of state with the children?
4. How did the court structure the visitation award?
5. What role does "virtual visitation" play in the decision?

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Family Law For Paralegals

ISBN: 9780735563827

7th Edition

Authors: J. Shoshanna Ehrlich

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