Using Georgia law AND the following sources, draft a client opinion letter to Brent on how the court will respond to the following scenario: Use the sources listed below and locate Georgia primary sources that are relevant to this case. Read, analyze and cite them. Once you have a clear understanding of the facts and have read the relevant law, draft a client opinion letter. Be sure to include cases, citations and statutory citations in your letter:
Case: Imly and Brent met in College when both were enrolled in paralegal courses. They became study buddies which grew into a love relation. In July 2013 the prenuptial agreement between Imly Stinder, a Catholic woman and Brent Ships, a Jewish man was signed. The agreement stated that property obtained during the marriage would be marital property regardless of the source of the property. The agreement also stated that any children born of the marriage would be raised Jewish. The couple married later the same year. They welcomed two children in 2015. During the pandemic, the couple’s relationship was financially and mentally strained. Both worked from home as paralegals, cared for their children and lived in confining spaces in Bibb County, Georgia. Earlier this year, the couple divorced and the property settlement was in accordance with the prenuptial agreement. Also as a result of the divorce, Imly was given physical custody of the children. Brent has liberal extended visitation of 10 days a month, including Saturday mornings for attendance at the local Jewish Synagogue. Last week, Brent discovered that one of his children has been attending communion lessons from the local Catholic Church. He wants to go to court to have the prenuptial agreement enforced and prevent the children from being raised Catholic. Draft an opinion letter on how the court will respond.
Sources:
- https://casetext.com/case/stanton-v-stanton-25 (Stanton v. Stanton, 213 Ga. 545, 100 S.E.2d 289 (1957).)
- O.C.G.A. § 19-3-62
- O.C.G.A. § 19-3-63
- O.C.G.A. § 19-3-60
- https://law.justia.com/cases/georgia/supreme-court/1982/38539-1.html ( Scherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982).)
Persuasive Authority:
- https://law.justia.com/cases/california/court-of-appeal/4th/42/106.html (In re Marriage of Weiss, 42 Cal. App. 4th 106, 49 Cal. Rptr. 2d 339 (1996).)
- https://www.casemine.com/judgement/us/59149e2badd7b04934657ec4 (Hehman v. Hehman, 13 Misc. 2d 318, 178 N.Y.S.2d 328 (Sup. Ct. 1958).)
- 70 Mercer L. Rev. 81
Secondary Authority:
- https://fbalawfirm.com/family/the-ultimate-guide-to-child-custody-laws-in-georgia/