Why is it important to send the non$-$client spouse a non$-$engagement letter?

John and Mary are in a custody dispute regarding their child Henry, age $13.$ John is a workaholic who travels a lot and earns an exceptionally good living. He will be able to take Henry to a summer camp and can afford a housekeeper to look after Henry when he is not there. He is a very loving dad and shares an interest in sports and outdoor activities with Henry.

Mary will have to return to work and will not be earning as much as John. Until the marriage ended, she did all the child rearing and has a strong, warm, and loving relationship with Henry. Henry confides in her and finds her easier to talk to than his dad. Mary will continue to live in the family home if she gets custody.

How would you apply the best interest test to determine who should get custody?