Legal Opinion · Dissent

Bart v. Hamby

Court of Civil Appeals of Oklahoma

Decided July 27, 2007No. 103,287Published

1DissentRapp, C.J.

T1 I dissent. I note that the Majority opinion disagrees with In re Guardianship of H.D.B., 2001 OK CIV APP 147, 38 P.3d 252. However, the present appeal is not a matter of guardianship termination. Next, and of paramount import, it fails to recognize that the key factor in cases dealing with children is-what is in the child's best interest. As pointed out in In re Guardianship of H.D.B.:

The best interests of the child test in Anglo-American legal systems considers a number of factors: (1) the desires of the child; (2) the emotional and physical need of the child now and in the future; (8)…

2Cases cited2 opinions

  1. In Re the Guardianship of HatfieldSupreme Court of Oklahoma · 1972
  2. In Re Guardianship of H.D.B.Court of Civil Appeals of Oklahoma · 2001

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