Esteemed Students,
By 9am on Tuesday, March 23, please read Lisa L. v. Anthony H., a SHORT! 1995 decision by the N.Y. Appellate Division, First Department, and reply to this post with a draft of the element of the brief assigned to you below, as you would write it for a case brief! In your post, please identify which element you are drafting. For guidance, check out the helpful descriptions of each element of a brief and the sample brief in textbook ch. 18 pp. 351-365 (on Blackboard), and this sample brief of People v. Neulander.
- Procedural history: Sherona, Evens, Natalie, Sharon, Nyiah
- Issue/question presented: Jasiyah, Joseph, Shayer, Brandon, Alexandra;
- Holding: Aaliyah, Leilani, Ariana, Daniella, Fatou
- Disposition: Nasser, Ninmah, Kaela, Mackenzie, Yaire
Happy briefing! 🙂
Prof. C.
Leilani- Holding (Court’s answer to issue)
The mother is awarded sole custody of the minor.
Thanks Leilani!
Ariana- Holding
The mother was shown to be fully capable of properly caring for her child and the son also expressed a prefernce for living with her, because of this the court decided to award sole custody of the child to the natural mother.
Thanks Ariana!
Daniella- Holding
The court awarded the mother sole custody because she was fully capable of caring for the child mention.
Thanks Daniella!
Jasiyah-Issue/Question:
The issue the court must address is whether or not the child should be given to his mother despite the ruling of a lower court in favor of the appellant as the living situation changed therefore the previous decision may or may not be rendered irrelevant.
Thanks Jasiyah!
Disposition
The Appellate Divison supports the decision that the Family Court in Bronx County made. The original decision was to give custody of the child to the mother, without costs.
Thanks Ninmah!
In the matter of Lisa L. v Anthony H, the appellate court ruled against the appellant’s motion, having found his arguments to be without merits, and affirmed the trial court’s decision.
Thanks Nasser!
Disposition:
The Appellate Court of the First Department affirmed the decision of the lower courts, and grants the mother of the child full custody of her son since she is fully capable to properly do so.
Thanks Mackenzie!
Lisa L. v Anthony H/ Disposition
In the matter of Lisa L. v Anthony H, the appellate court ruled against the appellant’s motion, having found his arguments to be without merits, and affirmed the trial court’s decision.
-Procedural History: In this case, the mother was able to get full custody of her child due to the courts thorough review of the records they had showed that the mother has the best interests at hand to for her child & the court came to that exact conclusion.
Thanks Evens!
Procedural History:
In the case of Lisa v. Anthony H, prior to order awarding custody to mother, appeleant was awarded sole custody, in 1991,of child at the age of three; while appealant moved from parents house, child stayed behind with his grandparents. Family Court, Bronx County, ordered mother full custody of her child as a result of reviewed records demonstrating best interest of the child. Facts to support is basing on a camera interview stating childs preference for living with his mother and mothers full capability for caring for her child. Concluding, the Supreme Court, Appelant Division, First Department, New York affirmed trial courts decision.
Thanks Sharon!
Procedural History:
In the case of Lisa v. Anthony H, prior to order awarding custody to mother, appeleant was awarded sole custody, in 1991,of child at the age of three; while appealant moved from parents house, child stayed behind with his grandparents. Family Court, Bronx County, ordered mother full custody of her child as a result of reviewed records demonstrating best interest of the child. Facts to support is basing on a camera interview stating childs preference for living with his mother and mothers full capability for caring for her child. Concluding, the Supreme Court, Appelant Division, First Department, New York affirmed trial courts decision.
Issue/Question presented
Whether it is in the best interest of the child to reverse the decision of awarding sole custody to the appellant and instead give sole custody to the mother.
Thanks Joseph!
Procedural History – In this case Lisa L. (respondent) who is the mother goes against Anthony H. (appellant) who is the father . Lisa L. is fighting for full custody of their son. Anthony was awarded full custody when there son was 3 years old in 1989 .In 1991 Anthony moved out of his parents home that was in the Bronx to an apartment in Mount Vernon, where the son remained with his grandparents.
The Disposition
The Appellate Divison confirms the decision that the Family Court in Bronx County established. The decision was to give custody to the mother of the child.
Thanks Yaire!
Thanks Sherona!
issue/question.
whether the child ought to be given to his mom notwithstanding the decision of a lower court for the appealing party as the everyday environment changed accordingly the past choice might be delivered insignificant.
Procedural History:
On account of Lisa v. Anthony H, preceding request granting authority to mother, appeleant was granted sole guardianship, in 1991,of he child at three years old; while appealant moved from guardians house, kid remained behind with his grandparents. Family Court, Bronx County, requested mother full care of her youngster because of assessed records showing wellbeing of the kid. Realities to help is basing on a camera meet expressing childs inclination for living with his mom and moms full capacity for really focusing on her youngster. Closing, the Supreme Court, Appelant Division, First Department, New York attested preliminary courts choice.