Case v. Case

The questions of law transferred to us by the Superior Court {Gann, J.) arise out of the defendant’s attempt to regain custody of her minor children from the department of welfare. As matters of first impression we must decide whether the defendant parent or the non-parent custodian of the children has the burden of proof and, further, what is the proper standard of proof. We also have before us the question whether the defendant can raise at the pending custody hearing the issue of adequate representation by counsel at a prior hearing.

The defendant, Mary McDavid Case (now Kelley), is the…