· 9/30/2022
Melvin Green v. Gary Shockley
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the presumption can be overcome by “proof that the natural parent is not a qualified or suitable caregiver”
- explaining the evidence must show “clear examples” of how the parent’s history “is currently manifesting itself as a danger” to the children
- noting a proposed guardian has the burden to prove the natural parent is not a qualified and suitable caregiver
- “The presumption favoring parental custody is not overcome by evidence of a parent’s past immaturity when such indiscretions are not present risks.”
- considering substance abuse, mental health, and instability
Source: CourtListener parenthetical corpus (CC0).
Judges: McCormick, C.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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