From our private database of 28,500+ case briefs...
Painter v. Bannister
Iowa Supreme Court
258 Iowa 1390, 140 N.W.2d 152, cert. denied 385 U.S. 949 (1966)
Harold Painter (plaintiff), a California resident, filed a custody petition in Iowa state court against Dwight and Margaret Bannister (defendants), seeking the return of his seven-year-old son Mark. Several years prior, Mark’s mother and younger sister had died in an automobile accident. In her Last Will and Testament, Mark’s mother left custody of Mark to Painter. Painter had asked the Bannisters, who were Mark’s maternal grandparents, to take care of Mark. Subsequently, Painter remarried and asked the Bannisters to return Mark. The Bannisters refused. At a hearing, the evidence showed that Painter and the Bannisters came from widely different backgrounds. Although Painter led a generally unstable life, moving from one short-term job to another, the Bannisters were grounded and well respected in their community, were college educated, and held prestigious jobs. A psychiatrist testified that the Bannister home provided Mark with a stable and dependable environment and an opportunity for a college education. The psychiatrist stated that Mark’s life in Painter’s home, conversely, would be filled with more freedom but would be unstable and less practical. Dr. Glenn Hawks, a child psychologist, spent considerable time with Mark and the Bannisters and concluded that Mark had acted out, been aggressive, and told tall tales prior to living with his grandparents. Dr. Hawks further stated that, after the two years that Mark had been with the Bannisters, Mark now viewed his grandfather as an authority and father figure and was respectful and well grounded. The trial court discounted Dr. Hawks’s testimony and awarded custody of Mark to Painter based upon the statutory presumption that a parent is best suited to have custody of a child. The trial court stayed transfer of custody pending an appeal by the Bannisters.
Rule of Law
Holding and Reasoning (Stuart, J.)
What to do next…
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 545,000 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
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 545,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 28,500 briefs, keyed to 983 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.