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Draft a letter to opposing counsel
€18.88 – €27.10Price range: €18.88 through €27.10Certainly! Below is a sample letter addressing a specific family law issue, written in a formal and professional tone. For this example, let’s assume the issue is regarding a **modification of child custody arrangements**, and the letter is addressed to opposing counsel.
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**[Your Name]**
[Your Title]
[Your Law Firm’s Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
**[Opposing Counsel’s Name]**
[Opposing Counsel’s Title]
[Opposing Counsel’s Law Firm’s Name]
[Opposing Counsel’s Address]
[City, State, ZIP Code]
**Re: Modification of Child Custody – [Child’s Name]**
**Case No.: [Case Number]**
Dear [Opposing Counsel’s Name],
I hope this letter finds you well. I am writing on behalf of my client, [Client’s Full Name], in connection with the ongoing matter involving the child custody arrangement for [Child’s Full Name], as set forth in the final judgment of [Date of Judgment].
As you are aware, our client has been seeking a modification of the current custody arrangement based on material changes in circumstances that have significantly impacted [Child’s Name]’s well-being and best interests. We believe these changes warrant a reconsideration of the existing custody order.
**Background and Grounds for Modification**
Since the entry of the current custody order, the following material changes have occurred:
1. **[Describe first change or issue (e.g., the other parent’s relocation, changes in the child’s needs, parent’s job schedule, etc.)]**.
2. **[Describe second change or issue]**.
3. **[Describe any other relevant change, if applicable]**.
As you are aware, California Family Code Section 3022 provides that the primary consideration in any custody matter is the best interest of the child. Based on the changes outlined above, we contend that a modification of the current custody arrangement is necessary to ensure that [Child’s Name] has stability and continuity in their care, schooling, and emotional development.
**Proposed Custody Modification**
Our client is seeking the following modification to the existing custody arrangement:
1. **Primary Custody**: We propose that [Client’s Full Name] be granted primary physical custody of [Child’s Name], with the other parent (i.e., [Opposing Parent’s Name]) having visitation as follows: [detail proposed visitation schedule].
2. **Legal Custody**: Our client is willing to continue sharing joint legal custody, provided that the other parent actively participates in major decisions regarding [Child’s Name]’s education, healthcare, and welfare.
3. **Other Considerations**: We are also open to discussing any additional support or arrangements that will serve [Child’s Name]’s best interests and ensure that both parents remain actively involved in the child’s life.
**Request for Response and Next Steps**
In light of the above, we kindly request that you discuss this proposed modification with your client and provide a response within [X] days. If your client is in agreement with these changes, we would be happy to draft a stipulated modification to the existing custody order for the Court’s approval. If your client is not in agreement, we are prepared to file a formal motion for modification, and we would appreciate your cooperation in scheduling a mediation session in advance of any hearing to address this issue.
Please do not hesitate to contact me if you have any questions or wish to discuss this matter further. We look forward to resolving this issue amicably for the benefit of [Child’s Name] and ensuring that the child’s best interests remain the primary focus.
Thank you for your attention to this matter. I look forward to your prompt response.
Sincerely,
[Your Name]
[Your Title]
[Your Law Firm’s Name]
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### **Explanation of Key Terms and Components:**
1. **Opening Formalities**: The letter begins with a professional salutation, ensuring that the opposing counsel is addressed properly and the matter is clearly stated.
2. **Background and Grounds for Modification**: This section provides the legal foundation for the requested change. It references specific legal statutes (in this case, California Family Code Section 3022), reinforcing the legal basis for seeking a modification of the custody arrangement.
3. **Proposed Custody Modification**: The letter outlines the specific requests for changes to the existing custody arrangement, providing clarity on what the proposing party is seeking and how it will impact the child’s well-being.
4. **Request for Response**: A clear call to action, requesting a response and providing a timeline, fosters communication and helps ensure the matter moves forward efficiently.
5. **Professional Closing**: The letter closes professionally, keeping the door open for further discussions and emphasizing the importance of resolving the issue for the child’s best interests.
This letter provides a clear, formal, and legal approach to addressing the modification of a child custody arrangement, with the aim of facilitating communication and resolution. It is tailored for family law matters, reflecting the legal nuances of custody disputes while keeping the child’s well-being central to the issue.