~ ee soma te es ao ee silt meme te om sie amare rh eo Sierra, elt i et Soe Tomer iron niet oc os cn [Adoption of a nonmarital child who has not been legitimated. Under sre ene e t en cen cee Case 3 “The unmarried mother and biological father, Jim Cass, of two ci ren lived together fr five yeas, representing themselves as husband ‘and wife, Cass was named on the children's birth certificates as their father. He and the mother supported the children. The mother moved cout with the children to live with another man, not telling Cass where they were. The mother marred one year later, and after two years et husband petitioned to adopt the children. Cass learned oftheir where abouts only one year after thei mariage and visited them several tines Sate aw permits an unved mother, butnotan unwed father, 0 lok an adoption by withholding consent ‘The court held that Cass was entitled to a hearing to determine p= rental unfitness before his rights as a parent could be terminate Assignment 6.1. ————— (A. Write a persuasive sttement of act forthe Jobson, the lint # Casein Appendix A 2 B, Writea persuasive statement of fact for defendant Wagner in Cos Chapter 7 INFORMING AND PERSUADING: LETTERS AINGENERAL Letters are the most frequent type of writing tha lawyers do. By letters,“ we mean e-mail and other electronic communication 48 well as communication by mail, and our suggestions apply to both. Lawyers often write several letters a day, and they should probably write even more than that. One of the most common complaints from clients to local bar associations is that theit lawyers do not communicate with them enough. Rale L4(a) of the Model Rules of Professional Conduct requires an attomey to “keep client reasonably informed about the status of the matter and promptly comply with reasonable requests for information.” Moreover, the ABA‘s Ethics 2000 Commission amendments to the Model Rules of Professional Conduct require that lawyers ‘communicate in writing with their clients on a variety of mat ters? “Writing” is defined as “a tangible or electronic record ofa ‘communication or representation,” including e-mail and video and audio recordings.’ Thus, in many matters, communicating inwriting now appears tobe a lawyer's ethical obligation. na es REST Moi Ain a 8 ABN De 2, ney Ban Coee apne on enpuns inl emrane coats repent ped pet ssp gions saps Oe ae seemed ot apne to ee skeen enone yaue toler om oes rangement ok pe el cS5Qhen rm comune Mr tn 56 Wg or a Pre 1. Purpose and Audience ers’ letter writing covers a range from simple cover jg a to os et feral documents in which the writer provides a legal opinjs" In between on the spectrum of formality are demand letter, 1p Pinch an attomey demands thatthe recipient take or taking a certain action; letters to opposing counsel, which be similar to persuasive documents; letters to business client ‘which may be informal memoranda for clients who have speci} heeds for information and letters to other parties requesting giving information, "Ts letters ae written for several purposes, one of whichisto leave a paper trail of the lawyer’s work—for example, of advice {given toa client of responses correcting wrong information, and Df deadlines tobe met. Even a relatively simple transmittal ltr will document that you sent the enumerated papers, explained their purpose, and informed the recipient of the deadline fr their return. Letters often have multiple audiences as well as multiple pur poses. When you write an office memorandum, or a memoran ate Joi seear st obelre begining to py any ove: ae Ae eicay aha some state wt come afr ou oka! aot poles, ar inret on sales t rein hal Sat Pemevr isa reavay oma ik and you may wish sine rtgpettat you const your account coat reser cn! boat ere congo tabi. can research the matter more fully. f you want me to pursue ‘matter, please call at your convenience. In the last analysis. - this is essentially a judgment call that you will have to make, an Spauicerue ba cote or a Sincerely, Hiram Jackson enclosures ‘fing nd Peaing Ltrs 281 —— Exercise 72 orl Maryanne Hog eons night prime i Wc Ms Hog dos a iene ble Te oust of i lent oe tele, whchepronet mts eH orto reco th les bl reds yr ene ci ant ae sero rhein ded. They he ent seating Geran her “ering "Pere reba see peor the doings ere melee gsc Hgts ent emer es ok pe. Te ee es othe fom cc omplaed ta! he noe of ehh on sel he se esis have tp pt i pret, Thea mats fe ol wel aed end the copes eal nd hy ol Th aie Th deo ined ye eats bts ens se ring gered yng tang iy Momo esters reaper or wont ado fre eting Pere iene hel Hg at fe des enc he xe hy sags under he Fat Housing A 2 USC 38D ee rae re oun Act nd te cy etdsrninato ornace, “These are the releoant parts ofthe eppliable legislation. Write a leer aaising Ms. Hoyt ifshe mus renew the ese 1L Fair Housing Act 42 U.S.C. § 3603 (©) Exemptions Nothing in section 3604 of this tile... shall apply to rooms or units in dwellings containing living quarters occu: Pied or intended to be occupied by no more than four families living independently ofeach other «ifthe owner actually ‘maintains and occupies one of such living quarters as his residence $3604... 1t shall be unlawful « (1) To discriminate in the sale or rental «of a dwelling to any buyer or renter because of handicap” of— (A) that buyer or renter [= Hering impairment ea handicap under te Fir Howing At252 Wiig raw Pie a cn piercer raha Sortie ee HN esting Peta get men ep deem rene et hy wheal, hee seen rai ine Sean re paired, hearing impaired, or mobility impaired person housing because that person owns a guide animal. Provided that 1. The tenant may be charged for damages caused by the animal 2. The landlord isnot required to modify the premises, 3. The animal's owner may be required to provide curtent proof thatthe animal has successfully passed a course of trai ing ata schoo! of training for such animals. Opinion Letters ‘The opinion letter conveys the attorney's formal answer o be clien’s legal. question, typically asking whether a course of tion is legal For example, the attomey may have been asked by a bank to determine whether a customer of the bank has 004 title to his home or business property in order for the bank © granta loan, and whether that loan will have priority over oe! indebtedness. The opinion letter may follow the same form! the advice letter; however, law firms often follow theit ©" standard format. Law firms also often designate the atto™ef* ‘who may issue these letters on behalf of the firm. Because 2" ‘Seociate will not typically be asked to write a formal tter, we do not discuss it in any further detail. A Informing a Persuaing: Letters 253 Demand Letters ln General ‘Asitsname suggests, a demand letters a letter written on be- putfofa client in which the attorey demands thatthe recipient Hike or cease taking a certain action. For example, an attorney ‘tay write to demand thatthe recipient stop infringing her clients topyright, or that he pay the landlord the two manths’ overdue text plus penalty, or that he stop pouring untreated sewage into thetown lake. The letter is written to the party whose conducts alissue but if the party has an attorney it must be written directly to that party's attorney.” The letter’s tone is firm and formal; a ride strident letter will not advance your cause. ‘Some demand letters try to mitigate their harshness by propos- ing different ways the recipient might comply with thedemand, ‘operating on the assumption that a show of good will and flex. bbilty might more readily secure the recipients cooperation than an overt threat. This conciliatory gesture is often followed by a reminder of the consequences that will result from an uncoop- erative response. Components ithe attomey has not communicated withthe recipient before, then she begins the letter by introducing herself asthe attorney for her client. She then should identify the dispute, providing the background of the dispute and the legal reasons for the cli- ‘5 demands, The attorney then firmly identifies the client’s tlnands and the consequences of non-compliance. A demand ter should be specific about the client's demands and the con- eieerces if the recipient fils to meet them. This means that, as attomey, you must consult with your clientto ensure that you the lien’s goals andthe deadline by which the demand met ABA Mode Prot, Conduct 2 a » of Conduct (1999 requie an toey communicate wi SPP party through tat pays trey2st Wingo La Pat «Sample Demand Letters “The following correspondence begins with a demand letter, met by the recipient's own responsive demand letter, and ends with a response from the initial writer ultimately Suggesting tlement.'* “we points should be made about these letters on behalf of. Max Pads Inc, specifically, and a caution made about demand letters generally The letters demonstrate the importance of gar- tering as many fats as possible, prior to making the demand ‘These parties’ demands each depended on their own version of the facts, and their fact-finding was incomplete. The exchange ‘also demonstrates the importance of maintaining a civil tone ‘throughout. Hiram Jackson wisely suggested a “businesslike solution” to settle the dispute. His offer of settlement would have ‘been difficult to suggest, and would be less likely to meet with a favorable response, ifhe had originally written an aggressive, belligerent letter. ‘AS to demand letters generally, many lawyers caution that some demand letters may provokea declaratory judgment action ifthe leters are very specificas to threatened consequences. This is especially so if the recipient is eager to file first in order to pick the jurisdiction ofthe litigation. CERTIFIED MAIL February 7,20 Gain Richmond, Inc. 423 Green Street Lakeview, IL 62456 ear Mi Richmond: Wie represent Tit-Max Pods, Inc. an tlincis corporation of SH haven nas. ni thas come to our attention that you have applied by seit fe 21000000 to register the trademark “Tri-Max" for camera | Cd ee Our hanks again Tom Monch who upped the Iter 0 amplesar based fring and Peaaig Ltrs 238 tne date of our first use of the trademark in commerce is cla tat Mauer 1, 2008.We ao wting toon you tha uch has so ering camera ipods under he ramark TM” since 2007, wo do not know if his prior use was known to you when you deed your ademark, YOU sao o camera tipod unr ts name $2ftensing ofthe name to third parties would consis a clear act of Mon (RFs) and tendering RSC's rebuttal witnesses for depose ESI. Our reasons fr taking this positon wil be detailed in ors response to your pleading du on October th, Certainly the ct ht "thas aleady hid open discovery agninst RSC for seven sais! lowing the filing of RSC’s direct case last January 30th weighs heavily in our calculus. So also does the fact that RSC’s position on that ‘hs, in ou view, remained essentially unchanged since our case 8 Pal onthe table at that point in time, Final, we have a hard = Seeing how ESlhas rom to complain, expecially when one OmPS™® the discovery opportunities ESI has been accorded inthis cae (2° ‘much more limited discovery available to litigants in some of EX own cases! am sure that ESI must have some appreciation fo" rion in this regan Iori ond Podge 299 ite honestly, both RSC, and I personally, believe thatthe eo aay money ad tie tat SI wotldnow hwvethe parse en gs {aloalvoot discovery (on top ofthe 5 RFisalready proceseed) could Sealer pent ifthe partes were lo intead devo hears Uploring possibilities for settlement and focus on some kind of te ede ground” setlement that would (1) prot ary egies “meee ESl may have over the specter of catastrophic labile ‘Slay providing RSC and other customers sce to thecoure orn where they have suffered damages as eu of diag ‘zed negligence onthe partof ESL Indeed amore blared ns, Sonofliablty cause, we lieve, would beter vere Ess nen Sal sinc would have a mich beter chanceof surviving calonge being upheld inthe highly unltly even = neylgety ene Sptemvide damage were to occur onthe ESI systent HSC stands ready to explore such stlement posses a this sobtin ime However ts incentives to do so are Teed wih each essing day, a8 RSC is forced to expend more and more monies the {al date approaches, We will ot be ralroded into puting of tal ssylongee Yours try, Hiram Jackson Attorney for Refrigerated Storage Corp ———— Ascignment 71 pttsedon the information in Case in Append A, write demand let- ala the attorsey forthe Board of Parish Life Grace Church, for your client ney Willis asking for her einsttement with he church and to arrange ‘etlement conference. ee Internal Correspondence In General Inter . a gutta correspondence—for example correspondence within “Smaart tin orgie memo rather than asa letter. Unless such a document ‘mail message is used to analyze a legal question and issoi Pt sno aa foral legal memorandum, however ag, oa Merona), the dacuent or mali ere _ 1 Ot formal memorandum. These leer toa tin and atonal dosing suchas "Yo ori a ere fen Depis with “To "Fen, Instead oe subject lines. Very short, informal ner ‘aeketimes omit thes subject ines. Taye may tend tobe more casual when comming vethun het fam o organization, but ike more formal et ee Yocuments leave a paper trail that may be ead by ae Phen deleted email messages may be retrieved and entendhes Evidence in tigation. Thus, the writer should carefully cone their content. Tivhouse memos, ike other correspondence, are usualy a dresaed toa person who is busy and flooded with paperwot, ‘That person wants to understand your point and the Gets yourcorrespondence quickly. This means that you should remod Aaitfor coherence and concsion use an introductory sentence Short paragraph to give an overview, and proofread even shot femal messages belore you cick on “send.” Because these in-house communications are addressed b people you wil be working with regularly including super sors and subordinates, you want to be careful about your ie Although you shouldbe as bref and clear as possible, yousle want tbe polite. Thus use indirection where necessary of writing 8 string of abrupt orders. Be generous with your of please” and “thanks” or “thank you” b. Components For long in-house memos, consider using an introduce summary often called an Executive Summary, and then a0, discussion or analysis ofthe problem. Also use topic het help the reader follow along, ————— beereise 24. ———— The following in-house memo was e-mailed by an attorney it ys ‘apres member of he epost sat ‘pessng his displeasure with an agreement already signet" nfrming a Peaking: Lets 261 sent tothe legal depart an only then sent to the legal department. Rewrite ito ett opening its purl form its sentence structure, rocablary and ones ‘his raises a point worth noting: enter non-disclosure agreemen veq wlatarttyand when wemstweshouldhavetemscteret es brtosigning (7s, by lawyers to seeif we can minimize cur exporee ferinstance,in connection with his agreement would havescoghtto dlrifyand narrow the meaning of “this lationship” (para 7) ee have tried to make termination ofthe agreement the sol ready for improper disclosure, would have deleted “ata minimum” fon, the fist sentence of paragraph 4, and tried to delete the second sentence of paragraph 4. Additionally, paragraph 6 should include “state or federal agencies.” I don‘ ike paragraph 8, and we would prefer the savering law to be New York (paragraph 9) Itmay be tet each of these points were addressed, negotiated, and a determination made tht capitulation was necessary to make the dal an that the deal was more important than the rsk undertaken. If so, s0 be it I not, 20 it should have been. Nex time, make sure you come tothe legal depar- entbefoe signing. 4. Letters to Third Parties In General Lawyers sometimes write to people other than their clients, adversaries’ lawyers, or their work associates. Some of letters are adversarial in nature, such as a letter to a wit- Ress informing him that he will be subpoenaed if necessary; tome are polite requests for example a request to Sn eran siness records; and some are personal, such as an application ‘job and request for an interview. Some are written on behalf pian firm or business, such as a response to these kinds As in all other writing, the audience and purpose dictate the cpecomtent and length of your letter. If you are asking the re- Ie nnt to do something for you—especially if the recipient has vee nora ‘interest in the matter—then be polite and offer incen- tign ¢°° 8PPeal to her good wil, if that is possible. Communica °* specialists advise hat to persuade a reader or listener, you of2 Writing ora Pte ‘common goals." If yOUr Fequests have bee, anodic eee cient nantes sop staan ect le cea wrens Components 7 aragraph, introduce yourself and make the In your opening Fae Te body of the ete then prove recessary background and clarifies the action the writer wishes therecpienttotake. If appropriate, you may want to close by sug geting mutually beneficial reasons or ncentives for cooperating {these are neither, however, conclude with a short paragraph thanking the recipient for her time. Sample Letter ‘The following isa sample ofa letter requesting a relative tohelp inawill contest by providing information. The letter em:phasizes the partes’ family relationship and the recipient's relationship to the deceased testator. It invokes their common goal and ends by offering an incentive for the recipient's aid. ‘Ms. Joan Kavanaugh 1 Wiest Steet Lake City Dear Ms. Kavanaugh: am the atomey for your cousins John and James Mors2 AS 9 ‘now, your cousins are preparing to file a wil contest 0 lava, wil of hei deceased father, your uncle Timothy Morse. They Wg arguing thatthe father lacked capacity to write the wil and Was theinfloneofshouslooper Steven Low, altho tine 28 oo mo "Ser. Stephen V Armstrong & Tnothy Tere, Thinking ike Wet Guide Eco Weng and Eat 10-23 (Cla Boardman C3382" 72 * Se Helene S. Shao, Mary R Wallet, eh oj Wi date SO a Na Wales Ekzabet Fo Informing and Pring Ltrs 283 iT kw that you were fondo your nce and Pea commitment forthe ater propery be dtiuted rk nas the will stands now, Steven Lewis wil raceve the lions share of your uncle's considerable propery and willbe executor ofthe esa Goin wl rocoNe oly shalishare Wether ancl ony the las six months of is We, at atme whan your ance ery and i tor cas hope tha you vllbe alee them prove ht cat, ‘naylvow thatyouvisted telah twos tnesin eles anteats TRenyoucame hero vit yourpaens woud oteemsonr es ‘Seok to gol your pressions of our unos pryscalany raves Cgron and hi elalonhip with Me Lewis wou tn ous at Giomaton to prepare an aticavt or you gna we a peso ‘Ctoomirt alee wih ober peopl aise Nur cosine are aware tat yur ule yu S50 ni wit ter contsti succes and wl decares val, your aus tatbe your unis hos as ioy shoud be. ou canbe ssufod Wal they wl more than make goed git you Tok orward to taling ih you Yours truly, Hiram Jackson ‘Attomey for John and James Morse Exercise 75 Evaluate this letter from a second-year law student. Rewrite, especially 10, ‘cide better introductions to the paragraphs Dear : ‘This isin response tothe fie resume you sen to Northern University ‘School of Laws Placement Office. would lke to apply fora summer ‘ssociate position with an dtSwering constituent mail on trade and taxes for Senator Condor Sapened my ability to work with eare and efcieney.Constivents pat On me for answers to their questions onthe changes that took egal the Internal Revenue Code asa result of he Tax Reform Act wag¥6. The reputation of Senator Condor also depended upon my cy. This experience would be helpful in work at because seat firm and it e ground runnin ete Em an chiens need people who can it the go 8setyngcommec ele developent 0 Ve mea simtng mes ete ean tansoctons. TAS inde theo lange Tse sl oped within ssa ay i eaeme Yo me ots lage en Sn em bat your diets may hve sg Tet wih yo 10 CO 8 sume ny, cae a cate me fo atange an interview toy a yuo your clarion Yours truly, Law Student Exercise 76 ‘Yu area lawyer who isthe secretary fora condominium Board of Di rectors. The Board has recently pu into place a 5 per cent increase in the ‘monthly assessment for enh condo unit. A group of condo owners has writ ten to protest the increase and question its need. They understood tht the condo’ eseroes were already sufficient to meet the requirements of the hk that recently granted the condo a construction loan for major work om te cleoatrs. The Board has asked you to prepare a draft response and ciate it to other Board members. One member who was not atthe last Board me ing has returned the draft to you, saying she isnot sure she understans the point ofthis eter. Rather than tell her that you hope she will read through the entire letter carefully, prepare another draft to make the point clear al cit the draft generally ‘othe Lakeview Condominium Owners: The increased assessment hasbeen approved by the Candominstt Board of Directors and our accountant concurs. ‘ ‘The Board has authority to raise assessments pursuant to Article of Lakeview’s Conditions, Covenants and Declarations e ‘Our construction morigage lender, ABC, requires that we Mss reserve inthe amount of three months! assessment, As of May 2 ‘our monthly assessment income amounts to $152;250—multplis three is $456,750, Tat isthe amount we have to have on ree" ABC fr the loan fr the elevator work. ‘Asof June 1,20__, our resources areas listed frm ad Penang tos 245 Checking accounts $125,259 Money Market 175500 oe 250000 $550,750 Indio, separate operating act fh te ssvamsineres amon 051A Soourcare setae Sens come So arz0 in do we have so mich inthe acount ner ABC queen? wchateblstopayovertbesunaes orcanpe aetna ns ‘that we are now beginning. “a ‘anda ataches copy ofp fours Franca Sateen. lists estimated costs of our common property component replacements that were detailed in the Reserve Study we did in 20__ For example, replacing some parts of the electrical system. This isa safety item. ‘Also attached isa copy of p.25 ofthat study, recommending a reserve ‘contribution this year of $250,000. Ths was not realistic ‘The 5% assessment increase now will allow us to contribute that ‘much more tothe reserve account. ‘We know these increases are painful. We also own units and we share your pain. As Directors, we have two choices. We could have ‘done nothing as we've done over the past years and let the directors in office three years down the road bear the brunt of out inaction. ‘We will continue to supply you with information, Yours truly, for the Board - SPECIAL CONCERNS: ELECTRONIC COMMUNICATION Like law students, lawyers use e-mail all the time in their prac tice, Indeed, lawyers say that e-mail (and FAX) has changed the ‘ature of their practice in that their clients and others expect an 'mmediate-or,at least, a very quick-response. Where a lawyer “ends a quick response to an inter-office e-mail ("I plan to be at iments afternoon, arse simple question fom 3 ("you must sign both copies”), or arranges @ wit Prope eet adage ey wae Mails easily used as a substitute fora telephone call But wre that response involves legal advice, the lawyer must beae ing ae rate caret ntto ane to hasty before se uly consid very careful Terie gay aga) fp ed the Wanization. Communication by ex withina fim or pe and ast. Because typing and sendingane issimple com easy however, people send many more mess rail messages 5) Tesages, than they would send by Gy Eton fan ey os Tite twp epi a he unter feen eat Hus think twicebefore you send an e-mail witha m Mould pot have asked a partner or corporatest Bre pera or by telephone or interoice memo. Tika borstudentalso, lawyers are generally aware ofthe sks of emai but nevertheless, they often ignore them. We consider eve two particular risks in using e-mail: the inappropriate tone ha poor writen quality of mach of the correspondence and he “hintended receipt by others than the intended recipient Wealo add suggestions about formatting. in addition to the quantity of messages, lawyers complain about the quality ofthe e-mail they receive, People tend to write ‘ery informally, evento recipients with whom they should not be informal. For any work-related email, avoid emoticons all caps informal language and inappropriate abbreviations ("4s" instead of "for you") Pay particular attention totone, which can be misinterpreted sarcasm or impatience without voice or face-to-face communic tion. Likeabusiness letter your email should sound business ike and be drafted as carefully as you would draft a business ete Even an e-mail thats essentially a cover letter for an attachmest ora short response to a message should be reviewed 30 titi does not come across. brusque and impolite toits recipient F* ‘example, assume an attorney e-mails her associate asking him'® delta particular paragraph ina memo draft Wanting 0D 24 tothesummer associate who wrote the memo the reason fo deletion the asscae emai back, “why?” Te Bs to response a a challenge tothe request, and sPOr “Because don't think t's very good, Maybe you should rd paragraph for yourself.” Had the associate explained thee for asking for an explanation, he probably would have 60" ‘more tactful reply and avoided the inevitable bad feeliNe* Informing ond Prsading ters 257, addition to reviewing any e-mail message for its tone, check snie spelling (don’t rely on spell-check), typographical errors, ggemmaticaler0rs, and Gtation errors, if you include cations, ‘One reason to be especially careful to review your messages you send them is that your e-mail message may not we ‘hain private or confidential. Don’t send a message that should ‘ot be read by someone other than the intended recipient If you tre replying to a message that has gone out to recipients other than you, you may hit “Reply All” instead of just “Reply,” and a that is personal, or critical, or confidential will oto the ‘whole lst. Or an intended recipient may forward your message tosomeone else without checking with you frst,or your message may be buried in a long chain of messages that gets forwarded to others. Even if your message does not get forwarded to others, it liveson in an archive that may be retrieved years laterand is avai able for discovery in litigation. Use the telephone or face-to-face conversation for communications that should be kept private. Formatting: Whether you are attaching a memo to your e-mail ortyping the memo as the e-mail message itself, think about for- ‘matting for maximum readability Useheadings and subheadings and other devices for readability, such as bullet points. And for along memo, provide an introductory summary. ‘Another aid to your reader-and to you-is to use the subject line wisely. Your recipient, such as a law firm partner, ora bu ‘ness executive, may be flooded with email messages and may ‘ot read those with vague subject lines. So, make sure thatthe ‘subject line conveys the substance of the e-mail message. Instead ofthe subject “X v.¥," use "X v ¥ deadline for filing the answer is tomorrow.” Then in the body, make the point ofthe e-mail cleat. plain if a particular response is needed or if you are simply Providing a status update. You also want to make sure that the ‘Reipient is able to pull up the attachment on her computer. If ‘9% paste it in the e-mail message. «filly, and always, reread your message before you hit Assignment 72 ang t8*40n the information in Assignment 4.3, roritea etter to David Brton’s "Srey for your client Maureen Brn, Mr. Brown’ ex-wife. Ms. Brounsrt ie i arent age iden and a conference stould Be arranged, You ares, Siorceeranra cr tre Sennen ct censor ries "fey dig eh. — se Thee is no required page length, but a effective letter would probly mid Facts Maureen and David Brown have been divorced since 2005. They rave joint legal custody of thee child, Kevin (age 7). Maureen has primary residential physical custody of Kevin. Under the agrecment ‘erween the parens, Kevin lives with his mother and visits his father three days and one night a week. They split school vacations. How- «ever, David has not always been able to spend al the time with Kevin that the schedile allows because he i a private-duty registered nurse ‘whose work schedule varies, bu the parents have been able to work ‘out changes in the visitation schedule as needed. Both parents vein Seagrove, New Jersey a small town onthe Jersey Shore, Maureen and David have thus far successfully co-parented Kevin, whois happy and welhadjusted “Maureen has worked for ten years 3s a computer programm a large bank in Philadelphia. She has recently been recruited by Ut™ Soft a new soft-ware company that will be setting up operations 8 Seat to design software programs. Utr-Soft is offering Maureen? starting salary of $65 thousand year pls stock options (Her sas" the bank s$75 thousand.) The company has assured her that she com) have flex time. She describes the jb as “the chance of iene” 9 Wishes to move to Seattle wth Kevin. Kevin isnot sure what eth? about this idea. Sometimes he thinks i's great, other times he > ‘wants to stayin Seagrove. Maureen met the founder of Ura-Sft on visit 08 manatee ‘ben dating fora year before her planned move to Seatle THE tionship has been getting more serious and Maureen and het !norming and Pring Lets 368 janes ord a schoo lache ae considering sharing usin Scat Free James’ work day finishes at 3 pm, he would anive hones se he same time as Kevin, Kevin has met James and seeme to ike fim. Ultra‘Soft would pay for Kevin’s tuition at any private school in ate. Maureen thinks Seattle wil provide Kevin witha divert of fultural and recreational activities unavailable in Seagrove, althovgh She admits Seagrove is a pleasant, if small town. thas no came, vey fie traffic, clear air, and a healthy out-door lifestyle focused on it beautiful clean beaches. David recently broke up with a woman he was seeing and is not currently seeing anyone else. David's mother suffers from late-stage ‘Alzheimer’s disease. She is in a nursing home ten miles trom Seagrove David's retired father and married brother alo live in Seagrove. As @ privateduty nurse, David earns about $400 per shift. He works mainly at the local hospital. Maureen has no close living relatives. ‘When Maureen told David about the UltraSoft oer and her desire totake Kevin with her to Seattle, David was devastated. Maureen said shethought that between them they should beable toaiford the airfare required tomaintain the relationship between Kevin and his father She |swilling to accept almost any visitation schedule David proposes, in particular long visits over school vacations. Her flexibility has done ite ‘oconvince David, who remains opposed to Kevin's move to Seattle,