What is the burden of proof for a motion of no confidence against a parent in a claim of physical abuse?
California, United States of America
The following excerpt is from Basilio T., In re, 4 Cal.App.4th 155, 5 Cal.Rptr.2d 450 (Cal. App. 1992):
This heightened burden of proof is appropriate in light of the constitutionally protected rights of parents to the care, custody and management of the children. (See Santosky v. Kramer (1982) 455 U.S. 745, 753, 102 S.Ct. 1388, 1394, 71 L.Ed.2d 599.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
What is the difference between a husband's allegation of physical abuse and that wife's claim of physical assault? (California, United States of America)
What is the burden of proof for a motion where the claim is not proven? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)
In a motion for joint physical custody of a minor, is the mother's claim that the juvenile court abused its discretion by denying her request for joint custody of the minor? (California, United States of America)
What is the test for abuse of abuse of authority in denying a motion for a new trial motion based on newly discovered evidence? (California, United States of America)
What is the test for abuse of discretion when a jury is asked to accept a motion of no confidence in a motion? (California, United States of America)
