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The Lawyers' Arguments

Closing arguments from both sides — how each attorney would present the same evidence.

Part A: Mr. Choplin's Attorney

Closing Argument

Your Honor, the evidence in this case is not a matter of "he said, she said." It is a matter of "he texted, she didn't respond." Five thousand one hundred eighteen times, this record documents exactly what happened between these two parents. There is no ambiguity. There is no interpretation required. The timestamps are the witnesses.

My client, Jason Choplin, has been a model co-parent. Not a perfect one — no one is. But a consistent, engaged, responsive one. For six years, he has asked about his daughter's health, her schoolwork, her activities. He has responded to every message from Ms. Rogers within the hour. He has accommodated every reasonable schedule request. He has done everything the court would want a co-parent to do.

And what has he received in return?

603 messages unanswered or ignored for more than twelve hours
50+ documented requests to speak with his own daughter — met with silence
300 substantive parenting questions answered with "ok" or "k"
13 days of silence when he asked about getting his daughter a phone

This is not a communication problem. This is a gatekeeping pattern. It is systematic, documented, and ongoing.

Exhibit: The Call Requests

One hundred forty-two times, Mr. Choplin asked to speak with Adele during Ms. Rogers' custodial time. "Can you have Delly call me?" "Is she free to FaceTime?" "Tell her to call me when she gets a chance." These are not unreasonable requests. They are a father asking to talk to his child. And the record shows what happened: ignored, deflected, or acknowledged with no follow-through.

Exhibit: The Self-Harm Disclosure

On May 19, 2022, Mr. Choplin texted that Adele was self-harming and expressing suicidal ideation. Ms. Rogers did not deny it. She did not dispute it. She moved on.

Your Honor, if your child told the other parent they wanted to kill themselves, would you move on? Would you not immediately coordinate to get that child help? The silence on this issue is deafening.

Exhibit: The Style Shift

For five years, Ms. Rogers wrote one way. Then, in 2025, someone else started writing her messages. Seventy messages flagged as style anomalies — formal, legalistic language completely inconsistent with her five-year baseline.

"You as the parent should have communicated with me in reference to any health concerns."

Does that sound like a mother texting her co-parent? Or does it sound like a detective writing a report?

My client noticed. On April 3, 2025, he texted: "Is this Melanie I'm texting with?" He knew. The data confirms what he knew.

Exhibit: The False Claims

"You and I never discussed her having a yeast infection." "She never informed me of any type of dental pain." "I do not have any missed calls from you." Three claims, made in the formal/legalistic style, each contradicted by the record. These are not mistakes. These are calculated denials designed to create a written record — exactly what a law enforcement professional would know to do.

Jason Choplin is not asking for anything extraordinary. He is asking to be a father.

To talk to his daughter. To know about her health. To be involved in her education. To not be erased from her life every time she walks through her mother's door.

The text record shows he has earned that right through six years of consistent, documented parenting. It also shows that the other side has spent the last four years systematically trying to take it away.

We respectfully request that the court's order reflect the reality documented in these messages.


Part B: Ms. Rogers' Attorney

Closing Argument (opposing side's best counter-arguments)

Your Honor, opposing counsel would have you believe that a text message record tells the full story of this family. It does not.

Text messages are fragments. They are one-sided snapshots that do not capture phone calls that were answered, conversations that happened in person, school pickups that went smoothly, doctor visits that were coordinated without a text thread. My client has been co-parenting for six years, and to reduce that to a statistical analysis of response times is to miss the forest for the trees.

On Response Times

Mr. Choplin texts frequently. Very frequently. Three thousand messages in six years — more than one per day, every day. My client has a life. She has a child to raise. She has a household to manage. That she does not respond to every message within an hour does not make her a gatekeeper. It makes her a human being who is busy raising a daughter.

The court should not penalize a parent for not being chained to their phone.

On Communication with Adele

My client has never prevented Adele from speaking with her father. When Adele has wanted to call her dad, she has been allowed to. The claim that "fifty requests were ignored" conflates "not immediately facilitated" with "blocked."

A child who is eating dinner, taking a bath, doing homework, or already asleep is not being gatekept. She is being parented. My client should not be required to interrupt her child's routine every time Mr. Choplin sends a text asking for a FaceTime session.

On the "Style Analysis"

Opposing counsel has introduced a novel theory: that my client's text messages were written by her partner because the vocabulary changed. This is speculation dressed up as data science.

People's writing styles evolve. When you are engaged in a legal dispute, you become more careful with your words. You use more precise language. You document more carefully. This is not evidence of third-party authorship. It is evidence of a mother who understands she is in a legal proceeding and is communicating accordingly.

The "style analysis" is an algorithm, not a witness, and algorithms do not know who is holding the phone.

On the Self-Harm Claim

Mr. Choplin's text references Adele's self-harm in the context of an argument. He was making an accusation, not filing a report. My client's decision not to engage with an accusatory text about a sensitive topic does not constitute an admission. Silence in a text message is not evidence.

On False Claims

Opposing counsel characterizes my client's statements as "false claims." My client's statements reflect her good-faith understanding of events at the time they were made. Disagreement about what was communicated is not the same as lying. "You and I never discussed this" may mean "I don't recall us discussing this" — a distinction that anyone in an ongoing custody dispute would recognize.

Custody is not determined by response-time metrics and vocabulary scoring algorithms.

It is determined by the best interest of the child. Adele has been safe, healthy, and cared for in my client's home. She has been enrolled in school, taken to doctors, provided with a stable household.

We ask the court to see the whole picture, not just the picture painted by an algorithm.


Part C: What the Court Actually Ruled

November 20, 2024 — Hearing Officer Vanessa D. Randall

After hearing sworn testimony from both parents, reviewing counselor reports and deposition transcripts, the Hearing Officer ruled in Jason's favor on every substantive issue:

1.Jason Choplin designated domiciliary parent with authority over all major decisions regarding Adele's health, education, and welfare.
2.Adele stays with Jason during Melanie's work days — the court found Melanie's L&D nursing schedule (3x 12hr shifts) left Adele in Todd's care too often.
3.Melanie ordered to enroll in Best Moms Program by December 1, 2024 — a court-mandated parenting program.
4.The court noted: "Adele has consistently expressed to both of her counselors her desire to reside with her father."

The Defense Arguments — Tested Against Evidence

Defense: "She's busy, not gatekeeping"

Court's response: Counselor Cavanaugh testified under oath about Adele's worsening anxiety specifically around transitions to Mom's house. Peyton Corwin wrote that Adele consistently expressed desire to live with her father. The court ordered domiciliary change.

Defense: "The style shift is just careful lawyering"

Reality: The "carefully worded" messages contained verifiably false statements: "You and I never discussed her having a yeast infection" (contradicted by the text record), "She never informed me of any type of dental pain" (contradicted), "I do not have any missed calls from you" (contradicted).

Defense: "Silence isn't evidence on self-harm"

Deposition reality: Cavanaugh testified: "She was self-harming. She was hitting herself and scratching herself, and she had passively alluded to suicidal ideation." Todd "chuckled" when told Adele was traumatized. It wasn't just a text — it was confirmed under oath.

Defense: "Adele is safe and healthy at Mom's"

Evidence: LEAP scores dropped from Mastery to Basic/Approaching Basic. Panic attacks witnessed by counselor. Self-harm documented. Anxiety worsened "tremendously." Adele herself asked Dad for help with school. ER visit November 2025. The trajectory is documented.

The court heard both sides' arguments. The evidence spoke for itself.

Subsequent actions: Temporary judgment issued December 4, 2024. Court ordered mini custody evaluation by Dr. Valerie Dugas on March 19, 2025. Temporary judgment extended to December 4, 2025 because evaluation is not yet complete.

View the full court document record →

Note: The opposing attorney's argument (Part B) represents the strongest counter-arguments that could be made with the same evidence. Part C shows what the court actually decided after hearing both sides under oath.