Child Custody

Question 1

Baltimore City Department of Social Services v. Bouknight (1990)

Answer 1

SCOTUS ruled that self-incrimination privilege of the 5th A does not protect a custodian from refusing to produce his or her child pursuant to a court order

Question 2

Idaho v. Wright (1990)

Answer 2

SCOTUS prohibited admission at trial of hearsay testimony made by a child to an examining pediatrician

Question 3

Lassiter v. Department of Social Services (1981)

Answer 3

SCOTUS ruled that due process rights applied to parental right termination

Question 4

Loving v. Virginia (1967)

Answer 4

struck down a VA law prohibiting mixed-race marriage

Question 5

Maryland v. Craig (1990)

Answer 5

SCOTUS allowed the interrogation and cross-examination of a 6-year-old victim over closed-circuit tv; state’s interest in protecting children from trauma of being questioned by alleged abuser overrides defendant’s right to confront accuser

Question 6

Painter v. Bannister (1966a, 1966b)

Answer 6

Concept of psychological parent

Supreme Court: gave custody to grandparents/ Bannisters (SCOTUS declined to hear)

Question 7

Palmore v. Sidoti (1984)

Answer 7

SCOTUS ruled that racial biases were not permissible considerations for the removal of an infant child from the custody of its mother

Question 8

Pierce v. Society of Sisters (1925)

Answer 8

SCOTUS affirmed parental right to children’s education, children had a right to a free education, which could be racially segregated if equal

Question 9

Prince v. Massachusetts (1944)

Answer 9

Parental authority is not absolute and can be permissibly restricted if doing so is in the interests of a child’s welfare (sell religious lit)

Question 10

Santosky v. Kramer (1982)

Answer 10

SCOTUS ruled that a requirement of clear and convincing evidence was necessary to protect parents’ rights

Question 11

Troxel v. Granville (2000)

Answer 11

SCOTUS ruled that a WA statute allowing “any person” to seek visitation rights against the wishes of otherwise fit biological parents was unconstitutional

Question 12

Tuter v. Tuter (1938)

Answer 12

tender years doctrine

prevailing sentiment that children should spend the “tender years” with the mother into legal precedent

The remainder of the 20th century, fully 90% of all custody cases were decided in favor of the mother

Question 13

White v. Illinois, 502 U.S. 346 (1992)

Answer 13

SCOTUS ruled that defs charged with molesting children have no absolutely right to confront young accusers at trial and allowed statements made by victim outside of court to be presented to jury

Question 14

Finlay v. Finlay (1925)

Answer 14

NY SC first officially articulated the view that custody decisions should reflect the “best interests of the child”

Question 15

Uniform Marriage and Divorce Act (1971) - 5 factors to consider in custody

Answer 15

1 - Wishes of the parent(s);
2 - Wishes of the child;
3 - Interaction of the child with parents, siblings, anyone who may affect the child’s best interest;
4 - the child’s adjustment to home, school, community;
5 - mental and physical health of all individuals involved

Question 16

DeShaney v. Winnebago County Department of Social Services (1989)

Answer 16

mother sued and SCOTUS ruled that the state was not responsible for his injuries (lifelong disability due to abuse) because he was in his father’s custody