Your Perfect Assignment is Just a Click Away

We Write Custom Academic Papers

100% Original, Plagiarism Free, Customized to your instructions!

glass
pen
clip
papers
heaphones

Kramer Child Custody Legal Case Discussion and Replies

Kramer Child Custody Legal Case Discussion and Replies

Question Description

I’m working on a writing discussion question and need an explanation to help me study.

Your responses should answer the questionsand reply to your classmates’ postings in a meaningful way. A meaningfulresponse states your thoughts on the question backed up with the reasoning foryour position. For example, responding with “me too” or “I agree”is not meaningful. Responding with “Me too, because of this or thatexperience…” is meaningful.

There are a few other discussion board rules:

1. Don’t say anything on the discussion board that you wouldn’tsay to the person face-to-face. You are free to disagree, as long as it is donein a manner that is respectful of the person to whom you are responding.

2. Neatness counts. Your discussion board posts should begrammatically correct and free of spelling and punctuation errors. When aposting contains errors, it is not only difficult to read, but the errorsdetract from the credibility of your message and may cause the reader toquestion the credibility of the person posting the message.

3. Say what you need to say, but stay “on point” andtry to avoid digressions. If there is something you want to say to the groupusing the discussion board, please let me know and we can discuss how your ideamay be used in the class.

(Note:You do not need to respond to the discussion question, it is included for yourreference so you are aware of what questions the students are replying to) Iposted my colleagues’ responses to the discussion question below, pleaserespond to their post. Begin the response with Hi Shanta/Samantha/Tiffany) (Ineed at least a half page response for each person) Please include referencesand provide the url link to all journal articles you use as references. Usecurrent (meaning within the past 2 years) scholarly journal articles asreferences. Please use APA 6th edition format. Thanks)

Discussion Question:

Please review the 4 case studies below.

  1. Seeking Asylum (Links to an external site.)
  2. Domestic Violence Victims (Links to an external site.)
  3. Disability (Links to an external site.): Review only the segment titled Legal Services: Help for Disabled Veteran
  4. Child Custody Issues (Links to an external site.): Joanna Kramer vs. Ted Kramer In the Interest of Billy Kramer

Select one case and answer the following questions for your discussion board post.

  1. Would a Delaware Court be likely to adjudicate the matter? If so, which court?
  2. If the Client’s issue involves a Federal Right, Responsibility or Entitlement matter, identify the Court or Administrative tribunal, to likely hear the case.
  3. Identify any State or Federal Laws that are likely to impact your client’s case.
  4. Identify specific tasks and functions you would likely perform as a social worker with regard to your specific case.

Shanta’s Post:

Child custody laws in Delaware support joint custody by the natural parent. Parents living apart can file for custody in family court. Once a petition for custody, a preliminary injunction is filed. The preliminary injunction has two requirements. The first is neither parent can remove the child from the state of Delaware. The second is both parents are required to complete parent education classes. Delaware law, 13 DE Code § 722 (2019), places the power in family court to determine legal custody and residential arrangements for a child (Justia US Law, 2021). Under the law, both of the parents have the right to material information about the child no matter who has custody of the child.

In the case of the parents on Kramer v Kramer, the mother abandoned her son for 15 months. If the father filed an injunction for custody, he would be awarded sole custody. Under Delaware, law abandonment is a basis for termination of parental rights (Justia US Law, 2021). The parent can lose all rights to the child if they have not communicated in 12 months and have not paid for their care. The parent can also face criminal charges if there is an intent to permanently abandoned the child. based on the law, the mother in the movie could permanently lose her rights to her child if the father filed a petition in court. For the mother to retain custody, she will need to prove her competency.

A social worker would be responsible for helping reunite the mother and child. They perform assessments on the parents and make referrals (Archer-Kuhn, 2019). They connect the parents to community resources and parents’ education and help them navigate the court process. The social worker is responsible for investigating the parents in child custody cases and makes a report to the court. They will perform home studies and make decisions about child placement to make recommendations to the judge.

References

Archer-Kuhn, B. (2019). Understanding the parent experience in child custody decision-making: how social workers can help. Families in Society: The Journal of Contemporary Social Services, 100(2), 200-212. https://doi.org/10.1177/1044389419825592

Justia US Law. (2021). 2019 Delaware Code: Title 13 – domestic relations. Chapter 7. Parents and children subchapter ii custody proceedings § 722 best interests of the child. https://law.justia.com/codes/delaware/2019/title-1…

Samantha’s Post:

In the case of Joanna Kramer vs. Ted Kramer, in the interest of Billy Kramer, the legal framework revolves around child custody. It appears that Ms. Kramer was absent for an extended period of time, leaving Billy in the custody of Ted Kramer. Per the video, however, it doesn’t appear that there was a previous custody order in place, leaving the two to dispute the matter in Family Court. According to The Delaware Courts, “under Delaware law, parents are joint natural custodians of their children. When parents live separate and apart, either or both parents may file a petition in Family Court asking the court aware custody to him/her” (n.d.). There are several steps that must take place once a petition for custody is filed in the state of Delaware. The other party must be served, both parents are required to participate in a parenting education course, and both parents must attend mediation before the case is seen by a judge (The Delaware Courts, n.d.).

The family, both mother, father and the child would benefit from a social worker’s services in this situation. According to Slater and Finck, “many of the skills that social workers already have, such as summarizing research, giving and receiving information, engaging, educating, mediating, advocating, assessing, problem solving, referring, monitoring, and evaluating, will be critical in the effective performance of the following functions” (2012). In this child custody case, it may be beneficial to call upon the local Department of Children and Youth Services as a courtesy, to do an inspection and evaluation of both Joanna and Ted’s homes. In addition, the worker assigned can meet with Billy as well. In the video, there appeared to be significant tension between Joanna and Ted. A child welfare worker would be able to assist the family in locating resources such as mental health treatment, domestic violence counseling, and/or trauma services for Billy, dependent upon their level of need. Despite family court having the ultimate say regarding the custody agreement between Joanna and Ted, a social worker in this scenario may be able to assist the family in working through some of their needs prior to court.

After the custody agreement has been ordered, either parent must take the other back to court if a new arrangement in requested. In this matter, Joanna and Ted reside in different states. Per the Federal “Full Faith and Credit” custody law, every state must abide and enforce custody orders made by another state (FindLaw, 2018).

References

Slater, L. K., Finck, K. R. (2012). Social Work Practice and the Law. Springer Publishing Company.

Custody Overview. Custody – Family Court – Delaware Courts – State of Delaware. (n.d.). https://courts.delaware.gov/family/custody/ (Links to an external site.).

Interstate “Full Faith and Credit” Custody Law. Findlaw. (2018, November 8). https://www.findlaw.com/family/child-custody/interstate-full-faith-and-credit-custody-law.html#:~:text=Full%20Faith%20And%20Credit%20Given,a%20court%20of%20another%20state.

Tiffany’s Post:

Hypothetically, if we pretend this case is taking place in DE, the Kramer vs. Kramer child custody case would likely be adjudicated in Family Court. It is not clear if Ted Kramer has taken any legal actions to be awarded sole custody of their son Billy Kramer, while his ex-wife was away, nor if Joanna Kramer is filing for sole custody or joint custody. In Delaware, a parent filing for custody must file within the state in which the child has resided for the past 6 months. “Under Delaware law, parents are joint natural custodians of their children” (Delaware Courts, 2021), therefore, both parents have a right to their child. Although Joanna left her son for 15 months and has only seen him twice, she still has the right to be heard in court, where a judge will decide if reunification with her son is in the best interest of Billy.

As a social worker, I would interview all parties involved, Ted, Joanna, and Billy. Parents would be evaluated and the interview for Billy would be to get to know him and to see what his opinion on the situation is. If interviews take place in Ted and Joanna’s homes, a home visit would be conducted at that time as well. Home visits are to determine adequate living space for Billy, and also to make sure Ted or Joanna don’t have any safety hazards or other concerning living situations. As a social worker, my job is to evaluate the entire case and help determine what would be in the best interest of the child.

Custody situations in Delaware go to mediation prior to being heard before a judge. This is to give both parties a chance to come to their own agreement on the matter. If that is unable to happen, the case is then heard before a judge where he will make the final decision. Whether parents have joint custody or one parent has sole legal custody of a child, each parent has the right to receive information pertaining to the child from school information to school activities. As long as both parents are deemed fit, both parents have the right to reach their child by phone or by mail as well as visitation. One clip showed that Joanna came to a personal conclusion on the matter, which in turn became an agreement between her and Ted. Joanna decided to do what was in the best interest of Billy and not remove him from the home he has known all of his life. I can only hypothetically assume that she and Ted worked out a visitation schedule that worked for the both of them, so they could co-parent effectively. I would recommend both parents take a parenting class to educate them on how to handle possible upcoming situations in their new arrangement. However, I advocate that healthy co-parenting is always in the best interest of the child.

References

Delaware Courts. (2021). Custody Overview. https://courts.delaware.gov/family/custody/#:~:text=Under%20Delaware%20law%2C%20parents%20are%20joint%20natural%20custodians%20of%20their%20children.&text=Neither%20parent%20shall%20permanently%20remove,other%20parent%20or%20the%20Court

Order Solution Now

Our Service Charter

1. Professional & Expert Writers: Gold Grades only hire the best. Our writers are specially selected and recruited, after which they undergo further training to perfect their skills for specialization purposes. Moreover, our writers are holders of masters and Ph.D. degrees. They have impressive academic records, besides being native English speakers.

2. Top Quality Papers: Our customers are always guaranteed papers that exceed their expectations. All our writers have +5 years of experience. This implies that all papers are written by individuals who are experts in their fields. In addition, the quality team reviews all the papers before sending them to the customers.

3. Plagiarism-Free Papers: All papers provided by Gold Grades are written from scratch. Appropriate referencing and citation of key information are followed. Plagiarism checkers are used by the Quality assurance team and our editors just to double-check that there are no instances of plagiarism.

4. Timely Delivery: Time wasted is equivalent to a failed dedication and commitment. Gold Grades is known for timely delivery of any pending customer orders. Customers are well informed of the progress of their papers to ensure they keep track of what the writer is providing before the final draft is sent for grading.

5. Affordable Prices: Our prices are fairly structured to fit all groups. Any customer willing to place their assignments with us can do so at very affordable prices. In addition, our customers enjoy regular discounts and bonuses.

6. 24/7 Customer Support: At Gold Grades, we have put in place a team of experts who answer all customer inquiries promptly. The best part is the ever-availability of the team. Customers can make inquiries anytime.