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· 6/24/1944

Protests 67818-K of B. Altman & Co.

Citations

  • 13 Cust. Ct. 242

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • DHS failed to prove that the father currently used alcohol, or that his use exposed the child to a threat of harm, at the time of the jurisdictional hearing
  • “[L]ack of a custody order alone is an insufficient basis for juris- diction.”
  • “[L]ack of a custody order alone is an insufficient basis for jurisdiction.”
  • DHS failed to prove that the father could not protect the child from the mother because the father did not have sole legal custody— the record showed that the father had sought legal custody and had obtained and enforced a restraining order against the mother
  • lack of a custody order alone does not provide a basis for jurisdiction, without evidence that one parent is unable to protect the child from the other parent or that the child will suffer some risk of actual harm because one parent lacks sole legal custody
  • setting forth standard for “endangered”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kincheloe

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.