Kimberly Landis and Alva Nelson v. Hearthmark, LLC
West Virginia Supreme Court
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
- Elk Grove Unified School District v. NewdowSupreme Court of the United States · 2004
- Harless v. First National Bank in FairmontWest Virginia Supreme Court · 1982
- Board of Education v. Zando, Martin & Milstead, Inc.West Virginia Supreme Court · 1990
- Courtney v. CourtneyWest Virginia Supreme Court · 1991
- Breese Ex Rel. Breese v. SmithAlaska Supreme Court · 1972
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