B530 legal discourse and writing
Take-‐Home Exam #2
This assignment has both a research and a writing component. You should review the facts contained in the transcript of Sasha Vronsky’s interview with her attorney as well as the additional facts provided below.
Following several lengthy hearings, in 2015 the trial court award primary physical and legal custody of all six children to Alexei Vronsky. Approximately two year later, Sasha Vronsky filed a Motion for Modification of Custody, which the trial court denied. Sasha filed an appeal from that denial with the Indiana Court of Appeals.
Following the original award of custody to Alexei, he built a solid business making children’s toys. The business was sufficient to sustain the family, although he was never able to pay the medical bills from is accident. Alexei’s physical condition did not improve with time and, as a result, his bouts of depression became more severe and frequent. While the children were unaware of his depression prior to the original custody order, they became very aware of his worsening mental condition. He typically suffers two episodes of depression per month that last two to three days. His condition is not severe enough to require hospitalization, but he refuses to take anti-‐depressant medications recommended by his physician. The children try their best to elevate his mood when depression strikes their father, but have little to no success. When Alexei is depressed, he typically stays in his pajamas and spends most of the day in bed. During those times, the older children cook meals for the family and care for the younger children.
Sasha’s situation remains unchanged.
The Research Component of THE #2
Search the Indiana Code for the statute that governs modification of child custody orders. By reviewing the annotations to that statute, choose ten cases that are most helpful in determining the outcome of this case. From that list, select the three most significant cases for THE #2.
When you submit THE #2 Essay, you will also submit a list of the ten cases you found. Cases must be in Bluebook form and listed in order of most useful to least, beginning with the three cases that you have used in your analysis of the written component of the assignment. Under each case name, you will include a short paragraph explaining the issue and outcome of the case, as well as your reasons for using or not using the case in your analysis.
THE #2 Essay
You are the judge on the appellate court who will be assigned as the writing judge. Prepare a draft opinion using the TRAC format, deciding whether to affirm or reverse the trial court’s decision denying Sasha’s Motion for Modification of Custody.