LANDMARK CASES IN FORENSIC PSYCHIATRY:
Child Cases | Custody
Quick Navigation:
Painter v. Bannister, 1966
Case Summary:
Painter was placed in the care of his maternal grandparents, the Bannisters, after his mother passed. After his father, Painter, remarried, he sought and successfully obtained custody.
Painter’s father lived a bohemian lifestyle that offered less stability than the Bannisters’ conventional middle class home. Painter had a strong bond with the Bannisters, viewing his grandfather as a “father figure”; disruption of their relationship would be potentially damaging.
Iowa Supreme Court ruled that parental custody is favored, not absolute; the welfare of the child is paramount. The Bannisters were granted custody.
Key Concepts:
The standard for child custody determinations is the best interest of the child
Santosky v. Kramer, 1982
Case Summary:
The Santosky children were removed from parental custody due to neglect; Department of Social Services sought permanent termination of parental rights.
Termination was determined using a “preponderance of the evidence” standard, which the Santoskys argued was too low.
US Supreme Court ruled that the appropriate standard for termination of parental rights is the higher “clear and convincing evidence” standard.
Key Concepts:
Under the 14th Amendment Due Process Clause, the appropriate standard for termination of parental rights is at least “clear and convincing evidence” of neglect.