Kennedy v. State Department of Pensions and Security

277 Ala. 5, 166 So. 2d 736 (1964)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Kennedy v. State Department of Pensions and Security

Alabama Supreme Court
277 Ala. 5, 166 So. 2d 736 (1964)

Facts

Mr. Kennedy (defendant) earned a bachelor’s degree and owned a successful insurance business despite having a serious physical disability. He married Anne Elizabeth Stower (Mrs. Kennedy) (defendant), who had the same disability. The Kennedys managed the birth and care of their first child without difficulty, but the birth of their second child triggered the collapse of the family. Because of the stress of raising two small children while living with a disability, Mrs. Kennedy began acting irrationally, requiring several stays for inpatient psychiatric treatment. During one of those stays, she discovered that she was pregnant with a third child. Because of Mrs. Kennedy’s psychiatric illness, Mr. Kennedy started spending less time at work and more time at home, causing his income to decrease. The community provided financial and emotional support, but the Kennedys were still unable to successfully care for their family, leading the Kennedys to have violent arguments in the presence of the children. The state (plaintiff) filed a complaint, seeking custody of the three children. Based on the evidence of the Kennedys’ struggles, the juvenile court found that the Kennedys were morally unfit to be parents and awarded custody to the state, with the discretion to place the children for adoption. The Kennedys appealed, arguing that there was insufficient evidence of their moral unfitness to remove custody. The circuit court affirmed the trial court. The Kennedys appealed again.

Rule of Law

Issue

Holding and Reasoning (Harwood, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership