BETTS V. BETTS
473 P.2d 403 (1970)
NATURE OF THE CASE: This was a custody dispute. W appealed from a judgment that awarded H
custody of the parties' minor child after the court modified a foreign divorce decree
awarding defendant custody of the child.
FACTS: H and W divorced. W moved with their two children to Washington State and lived
with Raymond Caporale. A week later James, a two-year-old, died from internal injuries and
multiple bruises on the head and body. The remaining child, Tracy was placed in protective
custody and Caporale was charged with second degree murder, but was acquitted with a finding
that the evidence was not sufficient. H then moved to Washington, and remarried. H then
moved back to California and married Caporale and the little girl remained in foster care. H
then sued W for custody. During that trial the testimony of the foster mother was admitted
relating to how the five-year-old girl blamed Caporale for the death of her brother and how
the child made those statements spontaneously. The trial court awarded H custody and W
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment