Burchard Vs Garay Case Study

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“The first responsibility of the court is to make orders that further the “best interests of the child.” [1]

Being familiar with the homeless population through working in my school district the terms and context of “best interest” become confusing. We have families living near a running stream in a tent which is considered a running water supply. To many of you this may seem shocking, but when it fits others in the population a tent with a stream is considered satisfactory. Our school’s homeless coordinator works with these families to provide more stable conditions for them. During this process all children are receiving a free appropriate public education. In 1987 the Stewart B. McKinney Homeless Assistance Act, to aid homeless persons was passed. [2] “The Act defines the term "homeless children and youths" as individuals who
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William Garay, the best interests test was applied in three main components, “ financially, scheduling, and flexibility to accommodate the other parent.” [5] Custody was awarded to the father who initially denied that the child was his. When Ana, the mother, appealed "the court concluded the trial court erred in applying the best interest standard for relying upon relative economic positioning.” [6] This “reversed the order of the trial court for not discussing the continuity and stability in custody arrangements, because comparative income or economic advantage is not a permissible basis for a custody award.” [7] Therefore in any case that economic advantage has become the basis for the “best interest” of the child, singular or sole custody could be awarded instead based on the continued and stable living arrangements that were provided by the acting

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