The parties were married in March of 1985 and two sons were born of the marriage. William

Question:

The parties were married in March of 1985 and two sons were born of the marriage. William Raphael P. III (Billy) was born in May of 1985 and Mark Patrick P. was born in July of 1986. The record reflects that from the beginning the couple had a troubled marriage. The defendant was physically and mentally abusive to the plaintiff throughout their marriage. The plaintiff received custody of the children as she was determined to be the primary caretaker. The numerous proceedings held before the family law master focused primarily on the defendant's visitation rights which are at issue in this appeal. At the March 3, 1992, hearing before the family law master, the plaintiff detailed the physical and mental abuse that occurred during the marriage. She testified the defendant did not want her to have either of the boys and he urged her to have abortions both times she became pregnant. He showed little interest in the children when they were infants and openly expressed his disappointment that he had boys instead of girls. The plaintiff also testified the defendant had a violent temper and would yell and curse at her in front of the children. ... During arguments, the defendant punched and kicked the plaintiff. He threatened her with a knife. He choked her around the neck so hard she had to wear a scarf to hide the bruises. He drug [sic] her across the floor by her hair in front of the children. The plaintiff testified that when the children would witness this abuse they would scream and cry and try to hide. The defendant would hit and kick the children's toys and broke toys in front of the children in fits of rage. The plaintiff testified that "the trauma and crying that these children have seen in their life is unreal. During one argument, the defendant locked the plaintiff out of the house and kept the children inside. She testified she was afraid for the children's safety and put her fist through a window to enter the house. She severed three nerves in her arm and underwent surgery to correct the damage....

Questions:

1. What was the recommendation of the family law master with respect to visitation?
2. Why did the circuit court order supervised visitation?
3. What critique does this court have of the family law master's findings?
4. According to the court, why is evidence of domestic violence relevant in custody and visitation determinations?
5. What was the court's ultimate decision with respect to visitation? What were the remand instructions to the trial court?

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Family Law For Paralegals

ISBN: 9780735563827

7th Edition

Authors: J. Shoshanna Ehrlich

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