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Clark’s Custody – (Difficult)
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This question should be answered using three IRAC structures. Please include all relevant key words in your answer.
Clark has joint legal custody and visitation rights with his daughter, while his ex-wife has sole physical custody. Recently, Clark stopped paying child support and started buying ice cream for his daughter, who is overweight, against the wishes of his ex-wife. Clark has now enrolled his daughter in private school, even though his ex-wife wants her to attend public school. His ex-wife is suing to prevent Clark from taking their daughter to private school and to also deny Clark visitation based on his failure to pay child support and his provision of ice cream, which she claims harms their daughter.
How should the court rule?
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To answer this question, you should first think about and discuss whether the court should prevent Clark from taking his daughter to public school. Next, think about whether Clark should be denied visitation based on failure to pay child support. Finally, you should think about and discuss whether Clark should be denied visitation based on harm to the child.
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