Legal Opinion · Concurring in part, dissenting in part

Kimberly Landis and Alva Nelson v. Hearthmark, LLC

West Virginia Supreme Court

Decided October 17, 2013No. 13-0159Published

1Concurring in part, dissenting in partDavis, Justice

(Filed Nov. 18, 2013)

It has been said that “ ‘[t]he law does not require parents to be perfeet[.]’” In re: Q.A.H. v. M.H., — S.W.3d -,-, No. WD 75786, 2013 WL 3661746, at *14 (Mo.Ct.App. July 16, 2013) (quoting In re: S.M.H. v. T.H., 160 S.W.3d 355, 372 (Mo.2005)). Accord Breese v. Smith, 501 P.2d 159, 176 (Alaska 1972) (“[W]e do not expect parents to be perfect, recognizing that a certain amount of trial and error is necessary for the development of both the parents and the child[.]”). Nevertheless, this is precisely the expectation that the majority of the Court has imposed upon the parents of…

2Cases cited26 opinions

  1. Elk Grove Unified School District v. NewdowSupreme Court of the United States · 2004
  2. Harless v. First National Bank in FairmontWest Virginia Supreme Court · 1982
  3. Board of Education v. Zando, Martin & Milstead, Inc.West Virginia Supreme Court · 1990
  4. Courtney v. CourtneyWest Virginia Supreme Court · 1991
  5. Breese Ex Rel. Breese v. SmithAlaska Supreme Court · 1972

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