AAPL Landmark - Child Custody and Parental Competencies

Question 1

Is the standard for determining child custody based on the best interests of the child?

Answer 1

Yes.

Painter v. Bannister (1966).

The Iowa SC decided that the legal standard for determining custody was the “best interest of the child,” rather than the preference of the parent.

Question 2

Is preponderance of the evidence the appropriate legal burden of proof for termination of parental rights?

Answer 2

No.

Santosky v. Kramer (1982).

The USSC ruled that the standard for terminating parental rights should be “clear and convincing evidence.”