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Gail Elsey                 Custody Role-Play

  1. Warm-up:  Think about all the television ads you see with the starving children in them.  What do you think happens to these children?  What do you think should happen?  Do you think these children have a chance at a normal life?  What about the poor, homeless, or abandoned children here in the United States?  Does society want them or are they pushed off to the side?  Where should these children go?  Who should take care of them? 

Today I am going to ask you to assume the roles of an attorney who is defending the rights of a gay couple to adopt children and the prosecuting attorney assigned to defend the state’s decision to take away the child.  Facts to consider:  the couple has raised this child for thirteen years; the mother is a professed crack addict; the child was only supposed to live to three years old, but the couple has done everything they could to the utmost and the child has lived happily and as healthily as could be expected for a crack-baby that is HIV positive; the state only provides $13 a day for foster parents; and this couple foster parents other children who are HIV positive.

  1. Select the participants:  two participants will be randomly selected.  The rest of the class is to act as the jury in deciding the case.
  1. Preparing the audience for observation:  What did the role players say that  revealed their opinions?  How did they use facial and body gestures to reveal their positions?  What could have been said that wasn’t said? Were their arguments logical or emotionally swayed?  What would you say if you were in  their position?  Who has the stronger emotional appeal?  Whose argument is more logical?  If you were the original mother, what would you want?  If you were the child, how would you feel?  If you were the parents, what would you do?           
  1. Enact:  Each participant is to present his or her argument to the “jury.”
  1. Discussion and evaluations:  The class will vote to which side “won.”  The class will discuss which argument was stronger and why.  Other possible outcomes will be explored and evaluated.
  1. The re-enactment:  Three other students will be chosen randomly to play the roles of the mother, the parent, and the 13-year-old child.  They will present why they are/are not happy with the outcome of the jury’s decision and why they feel that way.
  1. Sharing experience and generalizing:  Each student will share how they feel about the situation and whether or not Florida had the Constitutional, moral, or civic right to take away the child from his foster parents. 

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Roberta Devlin-Scherer, Seton Hall University
January 2, 2001
Updated  09/07/02
devlinrb@shu.edu