Child custody and parental rights Flashcards
Chapsy v Wood
man gifted his child to child’s maternal aunt after child’s mother died he then wanted the kid back 5 years later
Court said NO, left kid with maternal aunt b/c
BIOC - best interests of the child
Pierce v Society of Sisters
related to OR state statute forcing all children to go to public schools
SCOTUS said NO b/c violated parents’ right to choose where their kid went to school
Tuter v Tuter
involved a custody dispute btw divorced parents
Appellate court confirmed decision to place kids with mother b/c
- BIOC w/ mom
- keep sibs together
- place with parent other than mother only if there is “substantial and convincing evidence”
Prince v Massachusetts
JW mother was charged for violating child labor laws bc she had her kids out selling and distributing religious pamphlets
SCOTUS ruled that parental authority is NOT absolute and can be restricted if doing so is in the interest of the child’s welfare
Painter v Bannister
father asked maternal grandparents to care for his child after child’s mother died, he wanted the kids back later
Iowa SC ruled that it was in the BIOC to be placed back with grandparents (possibly because of his hippie lifestyle)
Loving v Virginia
interracial marriages are a constitutional right
- to prohibit them would be a violation of EQUAL PROTECTION and 14th amendment due process
Palmore v Sidoti
Trial court gave custody to father after mother married a Black man
SCOTUS reversed
Troxel v Granville
SCOTUS held it was impermissible for the trial court’s refusal to give any deference to mother’s desire to avoid visitation with grandparents
Related to a WA state statute that allowed any 3rd party to try to get visitation rights
- it’s a constitutional right of parents to direct the upbringing of their children
- woman did not have to allow her children to visit with grandparents if she didn’t want them to
- didn’t strike down the statute tho
