MEMORANDUM OF LAW

To:

Margarita M. Koblasz, Esq.

From:

Sementha K. Bastien, Esq

Date:

April 20, 2015

Re:

The Great Prince of the Forest v. Ison

Analysis of Additional Paternity Test, Primary Custody, Supervised Contact,
Ultimate Decision-Making Authority, Child Support, and Attorneys Fees

STATEMENT OF ASSIGNMENT
The purpose of this memorandum is to analyze the following:
1. Whether The Great Prince of the Forest can get another paternity test;
2. Whether The Great Prince of the Forest can get primary custody of Bambi;
3. Whether Vee N. Ison can get an order preventing The Great Prince of the Forest from
having unsupervised contact with Bambi;
4. Whether The Great Prince of the Forest can have ultimate decision making authority
when it comes to Bambis education;
5. Whether Vee N. Ison can get temporary child support pending the resolution of the suit;
6. Whether Vee N. Ison can get temporary attorneys fees;
STATEMENT OF ISSUES
The issues in this case are as follows:
1. Can the Great Prince of the Forest get another paternity pursuant to Fla. Stat. 742.12
(2012)?
2.

Can The Great Prince of the Forest get primary custody of Bambi pursuant to Fla. Stat.
61.13(2012)?

3. Can Vee N. Ison get an order preventing unsupervised contact between The Great Prince of
the Forest and Bambi pursuant Fla. Stat. 61.13 (2012)?
4. Can The Great Prince of the Forest have ultimate decision making authority when it comes to
Bambis education pursuant to Fla. Stat. 61.13 (2012)?

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5. Can Vee N. Ison get temporary child support pending the resolution of the suit pursuant to
Fla. Stat. 61.30 (2012)?
6. Can Vee N. Ison get temporary attorneys fees pursuant to Fla. Stat. 61.16 (2012)?

STATEMENT OF THE ANSWER

The answers to the issues in this case are as follows:
1. Yes, according to Fla. Stat. 742.12 (2012) The Great Prince of the Forest can get another
paternity test.
2. No, according to 61.13 (2012), The Great Prince of the Forest cannot get primary custody of
Bambi. It has not been proven that it is in the best interest of Bambi for relocation of primary
custody.
3. No, according to 61.30 (2012), Vee N. Ison cannot get an order for The Great Prince of the
Forest to have supervised contact with Bambi. There is no proof that Bambi will be in danger
while he is with The Great Prince of the Forest.
4. Yes, according to Fla. Stat. 61.13 (2012), The Great Prince of the Forest can have ultimate
decision-making authority when it comes to Bambis education. The Great Prince of the
Forest has provided plans for Bambis education that are in Bambis best interst.

5. Yes, according to 61.30 (2012), Vee N. Ison cannot get temporary child support pending the
resolution of the suit. The Court will review each partys resources and make a
determination.
6. Yes, according to Fla. Stat. 61.16 (2012) Vee N. Ison can get temporary attorneys fees. The
Court will review each partys resources and make a determination.

STATEMENT OF THE FACTS

The facts of this case are as follows:

Vee N. Ison is the mother of Bambi.

The Great Prince of the Forest is the alleged father of Bambi.
Bambi is 3 years old.
Vee N. Ison has been the primary caretaker of Bambi since his birth.

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Vee N. Ison has been unemployed since the birth of Bambi.

The Great Prince of the Forest is known for fighting with other bucks in the forest.
The Great Prince of the Forests full time responsibility is to protect the forest and to
keep everybody safe.
The Great Prince contributes very little to the upbringing of Bambi.
There was an incident with Bambis mom where she let him wander into the meadow
where Bambi was almost killed.

ANALYSIS
Issue 1
The first issue is whether The Great Prince of the Forest can get another paternity test. According
to Fla. Stat. 741.12 (2012), a probability of 95 percent or more creates a rebuttable presumption
of paternity. Any objections to the test results must be made in writing and must be filed with
the court at least 10 days prior to the hearing. If the test results are disputed, the court, upon
reasonable request of a party, shall order an additional test. The test must be by the same
laboratory or independent laboratory at the expense of the party requesting the additional test.
There are no records that show that The Great Prince of the Forest made any objections to the
test results in writing.
In Monts v. Washington, 764 So. 2d 831 (Fla. 5th DCA 2000), the court allowed Monts to take
three DNA tests. The DNA test came back with results of a 99.7% chance of paternity. The
second DNA test came back with results of 99.84% chance of paternity. The third test came back
with results of a 99.99% chance of paternity. Fla. Stat. 741.12 (2012) states that a probability of
95% or more creates a rebuttable presumption of paternity. Vee N. Ison is the mother of Bambi.
The Great Prince of the Forest, the alleged father of Bambi has taken a DNA test. Theresults of
the DNA test came back saying that there was a 94.95% probability. Great Prince wants another
paternity test. Montss objection that allowed him to take three paternity tests was he was not
informed of the procedures to object to a paternity test. There is no information whether the
Great Prince of the Forest received information on the procedures of objecting to a paternity test.
Whether he received information on the proper objection procedure, the Great Prince of the
Forest still objected to the results of the paternity test.
In D.F. v. Dep't of Revenue ex rel. L.F, 823 So. 2d 97 (Fla. 2002), the court barred the former
husband from challenging paternity. The former husband was barred from challenging paternity
more than a year after the final judgment of the dissolution of the divorce. There has not been a
final dissolution prior to this. Also, this is not a divorce case. The Great Prince of the Forest
would like to take another paternity test. There is no information on when the Great Prince of the
Forest took the paternity test.

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Issue 2
The next issue is whether The Great Prince of the Forest can get primary custody of Bambi.
Under Fla. Stat. 61.13 (2012), the court shall order sole parental responsibility for a minor child
if it is in the best interest of that child. If an individual is detriment to the child, then it is not in
the best interest of that child to live with that individual. There is no evidence that bambi has
ever been harmed in the presence of Vee N. Ison. However, there was an incident where he was
almost killed. Bambis mother allowed him to wander of into the dangerous meadows.
In Belvin v. Carson, 966 So 2d. 1007 (Fla. 5th DCA 2007) found that evidence was sufficient to
support award primary custody of out-of-wedlock child to father. The mother had returned to
school. The mother had also been unemployed for one year. The mother did not present any
information of future employment possibilities. The father had a stable income. Vee N. Ison is
the mother of Bambi. Vee N. Ison is currently unemployed. She has been unemployed since the
birth of Bambi. She is currently attending school to become a beautician. Vee N. Ison does not
have any prospective job possibilities when she finishes school. She said that she heard from
others in the program that it is very hard finding a job. The Great Prince of the Forest is the
alleged father of Bambi. The Great Prince of the Forests full time responsibility is to protect the
forest. The Great Prince of the Forest receives a steady income from his job as the protector of
the Forest.
However, in Mesibov v. Mesibov, 16 So. 3d 890 (Fla 5th DCA 2009), the court ruled that to seek
change in child custody, the movant carries the extraordinary burden of showing that
circumstances have changed since the original custody determination. The childs best interest
must also justify the change in custody. Bambis mother is young and inexperience in caring for
Bambi. She is known to leave Bambi in the care of Friend Owl. Everybody in the Forest knows
that Friend Owl is not the most reliable of caretakers. There was also an incident with Bambi
where she let him wander into the dangerous meadows where Bambi was almost killed. In
Mesibov v. Mesibov, 16 So. 3d 890 (Fla. 5th DCA 2009) the father had not provided any evidence
that a change in custody would be in the best interest of the child. The Great Prince of the Forest
has not provided any evidence for the court to determine if Bambi living with Vee N. Ison is
detrimental. He has not provided any evidence to prove that a change in custody would be in the
best interest of Bambi.
Issue 3
The next issue is whether Vee N. Ison can get an order for The Great Prince of the Forest to have
supervised visits with Bambi. Fla. Stat. 61.13 (2012). The statute states that primary
consideration of time-sharing shall be based on the best interest of the child. To make
modifications to time sharing there must be proof that the welfare of the child will be in danger

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in the presence of the parent. Vee N. Ison is the mother of Bambi. The Great Prince of the Forest
is the alleged father of Bambi. Vee N. Ison wants an order preventing The Great Prince of the
Forest from having unsupervised contact with Bambi. Vee N. Ison has not provided any specific
reason for wanting The Great Prince of the Forest to have supervised visits with Bambi. There is
no evidence that Bambi has ever been harmed while in the presence of The Great Prince of the
Forest.
In Allen v. Allen, 787 So. 2d 215 (Fla. 5th DCA 2001), the divorced mothers was granted
supervised visitation with her child because of her alcohol abuse. The court recognized that the
restriction of visitation rights is generally disfavored. Restriction of visitation rights are in the
courts discretion as may be necessary to protect the welfare of the child. The Great Prince of the
Forest is of no danger to Bambi. The former wife in Allen v. Allen, 787 So. 2d 215 (Fla. 5th DCA
2001), had endangered her children and other peoples children in the past. The Great Prince of
the Forest has never endangered Bambi. He has never endangered other peoples children either.
The Great Prince of the Forest trains other bucks in the Forest. These bucks are trained to help
him protect the forest. The former wife in Allen v. Allen, 787 So. 2d 215 (Fla. 5th DCA 2001),
was also an admitted alcoholic. The Great Prince has no problems with substance abuse.
However, in Virant v. Bunce, 899 So. 2d 1157 (Fla. 5th DCA 2005), the court suspended the
former husbands visitation rights because he received two DUIs. One of the DUIs occurred
while the child was in his care. The father also was still on probation without a drivers license.
The Great Prince of the Forest had a battery charge against him in the past. Although he had a
battery charge, he was never convicted because of a lack of evidence. The charge that The Great
Prince of the Forest received was not in the presence of Bambi. There is no proof that The Great
Prince of the Forest has committed any offenses while in the presence of Bambi. The Great
Prince of the Forest is known for fighting with the other bucks in the forest. He also trains other
young bucks how to fight. Fighting is a part of The Great Prince of the Forests duties as the
protector of the forest.

Issue 4.
The next issue is whether the great prince can have ultimate decision-making authority when it
comes to Bambis education. Fla. Stat. 61.13 (2012), states that the in ordering the court may
can grant one parent ultimate responsibility over certain aspects of the childs welfare. These
aspect include education, health care, and any other responsibilities that may be unique to the
family. The responsibility will be based on the best interest of the child. The Great Prince of the
Forest has received education in the same area that he would like Bambi to receive education.
The Great Prince of the Forest also contributes very little to the upbringing of Bambi. Fla. Stat.
61.13 (2012) states that parental responsibility shall be shared.

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In McGrath v. Mountain, 784 So. 2d 607 (Fla. 5th DCA 2001), the court granted sole authority to
make religious and medical decisions for son. The court ruled that it was in the sons best interest
for the mother to make decisions regarding his immunization. The mother was a chiropractor.
She used holistic medicine and homeopathy in treating her son. The mothers background in the
medical field made her a better decision maker regarding the childs immunization. The Great
Prince of the Forest is the alleged father of Bambi. The Great Prince of the Forests full-time
responsibility is to protect the forest from danger. His duties include protecting against enemies
like hunters and animals from other territories. He also negotiates and with leaders of other
territories. The Great Prince of the Forest also trains other bucks in the forest to fight and oversee
his network of managers scattered throughout the forest. The Great Prince of the Forest gained
the knowledge needed to protect the forest from Hard Knock University. The Great Prince of the
Forest would like to make decisions for Bambis training. He would like Bambi to become a
competent adult who can support and protect himself and his future family. The Great Prince of
the Forest has experience with teaching. It would be in the best interest of Bambi to learn how to
protect himself from his father, a protector.
However, in Gerencser v. Mills 4 So. 3d 22 (Fla. 5th DCA 2009), agreement from both parents
was necessary in decision-making. Under shared parental responsibility, major decisions
affecting the child are to made after the parents confer and reach an agreement. If the parents
cannot agree, the dispute should be presented to the court for resolution. When resolving the
disagreement, the court must apply the best interests of the child case. There has been no
objection from Vee N. Ison regarding The Great Prince of the Forests interest in ultimate
decision-making regarding Bambis education. If a disagreement were to arise, this case should
not be applied to this situation. The case involves custody. The Great Prince of the Forest wants
ultimate decision-making authority over Bambis education.

Issue 5
The next issue is whether Vee N. Ison can get temporary child support pending the resolution of
the suit pursuant to Fla. Stat 61.30 (2012). The relevant factors when considering child support
include the needs of the child, age, station in life, and the standard of living. The financial status
and ability of each parent are also considered in the issue of child support. Vee N. Ison is the
mother of Bambi. She is currently unemployed. She has been unemployed since the birth of
Bambi. She is currently attending school to become a beautician. Vee N. Ison and Bambi reside
with Vee N. Isons parents. Vee N. Ison has not provided evidence that she is unemployed. Vee
N. Ison has not provided any proof that she is in any need of child support from The Great Prince
of the Forest. The Great Prince of the Forest is currently employed. He has never paid child
support to Vee N. Ison.

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In McDaniel v. McDaniel 653 So. 2d 1076 (Fla. 5th DCA 1995), there were no specific findings
regarding the parties income breakdown. Vee N. Ison has not provided any proof of income. The
Great Prince of the Forest has not provided any proof of income either. The Great Prince of the
Forest should not be required to child support without Vee N. Ison providing evidence that she
needs child support.
In Buhler v. Buhler, 83 So. 3d 790 (Fla. 5th DCA 2011), the court ruled that there can be
adjustments made to providing child support. The adjustments are applied whenever shared
parental arrangement provided that each child spend a substantial amount of time with each
parent. According to Vee N. Ison, The Great Prince of the Forest does not spend much time with
Bambi. However, The Great Prince of the Forest has not been required to spend time with
Bambi. It has not been determined if The Great Prince is the father of Bambi.
Issue 6
The final issue is whether Vee N. Ison can get temporary attorneys fees pursuant to Fla. Stat.
61.16 (2012). Fla. Stat. 61.16 (2012) states that the court may order a party to pay a reasonable
amount for attorneys fees after considering the financial resources of both parties. At the
appellate level, the court shall primarily consider the financial resources of both parties. Vee N.
Ison, the mother of Bambi, is currently unemployed. She has been unemployed since the birth of
Bambi. is currently attending school to become a beautician. The Great Prince of the Forest is
currently employed. No financial resources have been determined for either Vee N. Ison or The
Great Prince of the Forest.
In Kalmanson v. Kalmanson, 796 So. 2d 1249 (Fla. 5th DCA 2001), the court determined that
both parties have similar access to competent legal counsel. That is the purpose of the party with
the greater resources paying a reasonable amount of attorneys fees. Vee N. Ison is currently
unemployed. She has not provided any proof that she is unemployed. Even if she is unemployed,
she could potentially be receiving income from another source. There is no proof that Vee N.
Ison is incapable of affording a competent attorney. No evidence of Vee N. Isons financial status
has been provided. The Great Prince of the Forest of the Forest is employed as the protector of
the Forest.
However, in Karpovich v. Karpovich, 739 So. 2d 137 (Fla. 5th DCA 1999), the court ruled that
the ex-husband should have been required to pay some of the ex-wifes attorneys fees. There
was an unequal financial earning abilities of both parties. The ex-husbands gross income per
month was $4,333. The ex-wifes gross income per month was $1,400. The Great Prince of the
Forest is employed, while Vee N. Ison is not employed. There is no determination of the gross
income per month of The Great Prince of the Forest of fore Vee N. Ison. The same ruling may
not be applied. Karpovich v. Karpovich, 739 So. 2d 137 (Fla. 5th DCA 1999) was a divorce case,
while this is a child support case.

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CONCLUSION
On these facts, the court will probably find that The Great Prince of the Forest can get another
paternity test. The court will probably find that The Great Prince of the Forest cannot get primary
custody of Bambi. There is no evidence that The Great Prince of the Forest receiving primary
custody of Bambi will be in the best interest of the Bambi. The court will probably find that Vee
N. Ison cannot get an order for The Great Prince of the Forest to have supervised visits with
Bambi. There has been no evidence that Bambi will be in danger while hi is with The Great
Prince of the Forest. The court will probably find that The Great Prince of the Forest can have
ultimate decision-making authority when it comes to Bambis education. The Great Prince of the
Forests plans for Bambis education are in the best interest of Bambi. Also, the court will
probably find that Vee N. Ison can get temporary child support and temporary attorneys fees.
The court will need to review each partys financial resources.

RECOMMENDATIONS
I recommend that Vee N. Ison provide her proof of income and to the court. I also recommend
that Vee N. Ison show proof that she is in need of the child support and attorneys fees. I
recommend that The Great Prince of the Forest provide his financial information. The Great
Prince of the Forest should also consider providing scheduled times when he his available to
spend time with Bambi.