Sunday, September 16, 2012

Painter v. Bannister case brief

Painter v. Bannister (Iowa 1966)
(this case is not affiliated with JD Painter)
Facts: Mom died. Father sends the kid to live with the grandparents. Later, dad get married & wants custody back. The court denies the father's petition.

Issue:  Should the father be granted custody of his child?
Holding: No, the court holds that it is in the best interests of the child to stay w/the grandparents.

Reasoning:
-The court looks at the following:
a. The grandparents will provide the child w/ a conventional, middle-class background.

b. The dad gives the kid too much leeway.

c. The child has been w/the grandparents for along time. In the child's mind, the grandfather is the child.

d. The father is "bohemian" & has had too many jobs.

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