Sample IRAC Exercise

Prepared by Dean Garrison for TMSL Academic Support Website,

Adapted from TMSL Enrichment session conducted by E. Marie Jamison (2008)

Use the statutory and case law given, answer the Sample Question using the IRAC template.


Statutory Law:

Tex. Fam. Code 150.001: It is a rebuttable presumption that the appointment of the parents of
a child as joint managing conservator is in the best interest of the child.

Tex. Fam. Code 150.002: A finding of a history of family violence involving the parents of a
child removes the presumption under section 150.001.

Tex. Fam. Code 150.003: Appointment under section 150.001 is not in the best interest of the
child, if such appointment would significantly impair the childs physical health or
emotional development.

Case Law:

Smith v. Smith. In determining whether appointment of a parent is in the best interest of a child
under section 150.001, it is not adequate to offer evidence that a nonparent would be a better
custodian.


Sample Question:

Husband and wife were married in 2000 and had two children during the marriage. Prior
to the marriage, Husband was convicted, as a juvenile, for shoplifting. Wife led a promiscuous
lifestyle prior to the marriage and continued to do so during the marriage. Wife battled drug
addiction and suffered from depression and hallucinations. Due to her drug abuse and
emotional/mental illnesses, Husband decided to separate from Wife after eight years of marriage.
Upon their separation, Husband and Wife left the two children with the maternal
grandparents in Dallas for six weeks. During this six weeks, Husband returned to Houston to
find adequate housing for the children and filed for divorce against Wife. Husband then returned
to Dallas to get the children back. The grandparents, however, refused to return children and
sought custody of the children. Wife also sought custody of the children.
Husband currently lives in a three bedroom townhome and is working on a temporary
construction job. He maintains health insurance on the children and travels to Dallas every two
weeks to visit with the children.
Wife lives with her current boyfriend who admittedly subjected Wife to verbal and
physical abuse in the past. Wife was diagnosed with severe depressive disorder and psychotic
features six months ago, but refuses to take her recommended medication. She has been out of
work for four months, but intends to go back to school for her nursing certificate. Wife insists
that she has stopped using drugs and can provide a stable home for the children. The
grandparents live in a five bedroom house in Dallas. They are more than financially able to care
for both children and have even started a college fund for them. They have no criminal history
or previous drug use.
Of the three parties, Husband, Wife and the maternal grandparents, who should be
awarded managing conservatorship (custody) of the children.
























































































IRAC ANSWER


Issue
Whether the Best Interest of Child Custody presumption is rebuttable in regards
to a fathers previous criminal record, a mothers current drug and alcohol abuse,
a current situation of abuse by a nonparent, or a grandparents ability to offer a
better life financially.

Rule
Under The Texas Family Code, joint custody of a child by both parents is
presumed to be in the best interest of that child (Sec. 150.001) unless (1) there is
a finding of abuse by either parent (Sec. 150.002), or (2) if joint custody would
significantly impair the childs physical health or emotional development (Sec.
150.003). In determining whether appointment of a parent is in the best interest
of child, it is not adequate to offer that a nonparent (here, grandparent) would be
a better custodian.

Analysis
Husband will be a presumed a fit parent unless successfully rebutted and should
be appointed as managing conservator of the children. His only flaw seems to be
as a juvenile shoplifter and appears to be too remote to be considered 8-10 years
after the fact. The Husband demonstrated he was a committed caring father by
taking his children out of an abusive situation and securing a 3 bedroom
townhouse in which to care for them.

Wife was originally presumed fit; however, this presumption will be easily
rebutted by showing her alcohol/drug abuse and by the fact that she is permitting
her children to live in a house where she is being abused. This finding of family
violence under Sec. 150.002 will be sufficient to overcome the initial
presumption.

The maternal Grandparents will probably not be awarded custody only, if the
grandparents can convince the court that the father is unfit because he allowed his
children to be subjected to his unfit Wifes care for eight years prior to leaving
her do the Grandparents have any possible case. Their apparent wealth and
ability to support the children is not enough legally to overcome the presumption
that the fathers care is in the best interest of the child. The father will also point
out that their tract record is not good they raised a daughter that is promiscuous
and a drug abuser.

Conclusion
The father will prevail because of his paternity coupled with his continuing
efforts to be a father. Wife will not prevail because of her continuing issues, and
grandparents will not prevail because their wealth will not be adequate to
overcome the fathers best interest of the child presumption.


SAMPLE ESSAY

Whether the Best Interest of Child Custody presumption is rebuttable in regards to a
fathers previous criminal record, a mothers current drug and alcohol abuse, a current situation
of abuse by a nonparent, or a grandparents ability to offer a better life financially.
Under The Texas Family Code, joint custody of a child by both parents is presumed to be
in the best interest of that child (Sec. 150.001) unless (1) there is a finding of abuse by either
parent (Sec. 150.002), or (2) if joint custody would significantly impair the childs physical
health or emotional development (Sec. 150.003). In determining whether appointment of a
parent is in the best interest of child, it is not adequate to offer that a nonparent (here,
grandparent) would be a better custodian.
Here, Husband will be a presumed a fit parent unless successfully rebutted and should be
appointed as managing conservator of the children. His only flaw seems to be as a juvenile
shoplifter and appears to be too remote to be considered 8-10 years after the fact. The Husband
demonstrated he was a committed caring father by taking his children out of an abusive situation
and securing a 3 bedroom townhouse in which to care for them.
Wife was originally presumed fit; however, this presumption will be easily rebutted by
showing her alcohol/drug abuse and by the fact that she is permitting her children to live in a
house where she is being abused. This finding of family violence under Sec. 150.002 will be
sufficient to overcome the initial presumption.
The maternal Grandparents will probably not be awarded custody only, if the
grandparents can convince the court that the father is unfit because he allowed his children to be
subjected to his unfit Wifes care for eight years prior to leaving her do the Grandparents have
any possible case. Their apparent wealth and ability to support the children is not enough legally
to overcome the presumption that the fathers care is in the best interest of the child. The father
will also point out that their tract record is not good they raised a daughter that is promiscuous
and a drug abuser.
The father will prevail because of his paternity coupled with his continuing efforts to be a
father. Wife will not prevail because of her continuing issues, and grandparents will not prevail
because their wealth will not be adequate to overcome the fathers best interest of the child
presumption.