Rulings
This case ruled that the natural parent should be awarded custody over the grandparent
What was Long v. Long?
In this case the tribe filed a motion to vacate the adoption decree on the ground that the chancery court lacked the authority and jurisdiction to issue the adoption pursuant to the Indian Child Welfare Act (ICWA).
What is Mississippi Choctaw v. Holyfield?
In this case the issue was a conflict over custody between the mother and the paternal grandparents
What is Long v. Long?
In the case of Painter v. Bannister who got custody of the child
Who is maternal grandparents (Bannisters)?
What is the meaning of child custody
What is a decision by the court as to which parent will have the care, custody, and control of a child?
This case ruled that in a child-custody determination, a parent’s homosexual relationship is a factor the court must weigh in determining parental fitness.
What was Bottoms v. Bottoms?
In this case a dispute over father or paternal rights involved a biological father and a marital father
What is Michael H. V. Gerald D?
In this case the issue involved a child-custody determination and if a parent’s homosexual relationship is a factor the court must weigh in determining parental fitness
What is Bottoms v. Bottoms?
In the case of Stanley v. Illinois, who got custody of the child
Who is Stanley (biological father)?
The 14th amendment states that any person within the state jurisdicton should not deny any person within its jurisdiction the equal protection of the laws.
What is the Equal Protection Clause?
This case ruled that the Illinois State Law violated the Due Process Clause and the Equal Protection Clause
What was Stanley v. Illinois?
In this case a statute permitted any person to petition a superior court in the state for visitation rights at any time and authorized the court to grant such visitation rights whenever visitation might serve the best interest of the child.
What is Troxel v. Granville?
In this case the issue was did the application of the state statute allowing visitation rights to the paternal grandparents violate the mother's right, under the due process clause of the Constitution's Fourteenth Amendment, to bring up her children
What is Troxel v. Granville?
In Long v. Long, who got custody over the child?
Who is Ethel (the mother)?
An unmarried father's female spouse passes away. Who get's custody of the children.
Who is the biological father?
This case ruled that the ICRA does not create a federal, rather than a tribal, cause of action. When interpreting the ICRA, federal courts must consider that Indian nations are entitled to self-governance and autonomy.
What was Santa Clara Pueblo v. Martinez?
In this case unmarried fathers are most disadvantaged under the law
What is Stanley v. Illinois?
In this case the issue was should a trial court make a determination based upon the best interests of the child, rather than relying on a presumption of parental preference
What is Painter v. Bannister?
In the case of Michael H. v. Gerald D., who got custody of the child?
Who is Gerald D. (the marital father)?
An unmarried mother's partner dies, but she is proven by the courts to be unfit. Who get's custody.
Who is the state?
This case ruled that adulterous fathers don't have Constitutional rights to paternity over the marital father
What was Michael H. v. Gerald D.?
In this case through an adoption hearing stated that the Equal Protection Clause was not violated when the state has a legitimization process
What is Quilloin v. Walcott?
In this case the issue was if a tribal court has exclusive jurisdiction over proceedings concerning an Indian child who resides or is domiciled within the reservation of the tribe
What is Mississippi Choctaw v. Holyfield?
In the case of Pamela Kay Bottoms v. Sharon Bottoms who got custody of the children
Who is Pamela Kay Bottoms (grandmother)?
These cases inquires into the permissible role of historically marginalized communities intervening between the individual and the state.
What is Martinez and Holyfield?