burden of disproving presumption (North Dakota) · Go Syfert
← North Dakota issues

burden of disproving presumption in North Dakota

12 North Dakota opinions name it 1 courts 1971–1994 0 in the last five years

The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Bjerke v. D. T.green
nd · 1976 · cited in 4 North Dakota opinions naming this issue, 1979–1988
2 sentences

1979T., 248 N.W.2d 808, 813 (N.D.1976), a parent’s right is paramount and superior to that of any other person and the burden of disproving the presumption that a parent is a fit and suitable person to be entrusted with the care of his child rests upon the person challenging it.

1979T., 248 N.W.2d 808, 813 (N.D.1976), a parent's right is paramount and superior to that of any other person and the burden of disproving the presumption that a parent is a fit and suitable person to be entrusted with the care of his child rests upon the person challenging it.

44
In Re JVgreen
nd · 1971 · cited in 3 North Dakota opinions naming this issue, 1979–1988
2 sentences

1988Bjerke v. D.T., supra at 811; In Re J.V., 185 N.W.2d 487, 492 (N.D. 1971).

1988Bjerke v. D.T., supra at 811; In Re J.V., 185 N.W.2d 487, 492 (N.D.1971).

33
Larson v. Hennepin County Welfare Boardgreen
minn · 1958 · cited in 3 North Dakota opinions naming this issue, 1971–1976
2 sentences

1976The Minnesota Supreme Court, in discussing parental preference, stated that: “It is too well settled to require citations that the right of a parent to the custody of a child is paramount or superi- or to that of any other person; that a mother is presumed to be a fit and suitable person to be entrusted with the care of her child; and that the burden of disproving this presumption rests upon the person challenging it.” In re Larson, 252 Minn. 490 , 91 N.W.2d 448 at 453 (1958).

1976The Minnesota Supreme Court, in discussing parental preference, stated that: "It is too well settled to require citations that the right of a parent to the custody of a child is paramount or superior to that of any other person; that a mother is presumed to be a fit and suitable person to be entrusted with the care of her child; and that the burden of disproving this presumption rests upon the person challenging it." In re Larson, 252 Minn. 490 , 91 N.W.2d 448 at 453 (1958).

13
In Interest of MNgreen
nd · 1980 · cited in 2 North Dakota opinions naming this issue, 1982–1982
2 sentences

1982In Interest of M.N., supra, 294 N.W.2d at 638.

1982In Interest of M.N., supra, 294 N.W.2d at 638 .

12
Berrien v. Greene County Department of Public Welfaregreen
va · 1975 · cited in 1 North Dakota opinions naming this issue, 1976–1976
2 sentences

1976See also, Burrien v. Greene County, 217 S.E.2d 854 (Va.1975); Tester v. Priviksma, 82 Misc.2d 88 , 367 N.Y.S.2d 629 (1975).

1976See also, Burrien v. Greene County, 217 S.E.2d 854 (Va.1975); Tester v. Priviksma, 82 Misc.2d 88 , 367 N.Y.S.2d 629 (1975).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
In Re Baby Girl Larson green
minn · 1958
2 sentences

1976The Minnesota Supreme Court, in discussing parental preference, stated that: “It is too well settled to require citations that the right of a parent to the custody of a child is paramount or superi- or to that of any other person; that a mother is presumed to be a fit and suitable person to be entrusted with the care of her child; and that the burden of disproving this presumption rests upon the person challenging it.” In re Larson, 252 Minn. 490 , 91 N.W.2d 448 at 453 (1958).

1976The Minnesota Supreme Court, in discussing parental preference, stated that: "It is too well settled to require citations that the right of a parent to the custody of a child is paramount or superior to that of any other person; that a mother is presumed to be a fit and suitable person to be entrusted with the care of her child; and that the burden of disproving this presumption rests upon the person challenging it." In re Larson, 252 Minn. 490 , 91 N.W.2d 448 at 453 (1958).

31971–1976
In Interest of KRAG green
nd · 1988
2 sentences

1994Although not an absolute right, “[tjhere is a presumption that parents are fit and the burden of disproving this presumption of parental fitness is on the person challenging it.” In re K.R.A.G., 420 N.W.2d 325 , 327 (N.D.1988).

1994Although not an absolute right, "[t]here is a presumption that parents are fit and the burden of disproving this presumption of parental fitness is on the person challenging it." In re K.R.A.G., 420 N.W.2d 325 , 327 (N.D.1988).

11994–1994
In Interest of MMC green
nd · 1979
1 sentence

1979In the Interest of M.C.C., Foster v. B.J.C., 277 N.W.2d 281 (N.D.1979); In re J.V., 185 N.W.2d 487, 492 (N.D.1971).

11979–1979
McGurren v. S.T. green
nd · 1976
1 sentence

1976McGurren v. S. T., 241 N.W.2d 690 (N.D.1976).

11976–1976
A. T. v. R. P. neutral
nycfamct · 1975
2 sentences

1976See also, Burrien v. Greene County, 217 S.E.2d 854 (Va.1975); Tester v. Priviksma, 82 Misc.2d 88 , 367 N.Y.S.2d 629 (1975).

1976See also, Burrien v. Greene County, 217 S.E.2d 854 (Va.1975); Tester v. Priviksma, 82 Misc.2d 88 , 367 N.Y.S.2d 629 (1975).

11976–1976

Where else courts name it

GA 55 (1991–2026) NY 42 (1908–2020) PA 29 (1987–2026) CT 26 (1982–2021) OR 21 (1973–2026) IN 19 (1983–2017) TX 14 (1982–2017) MI 12 (1958–2020) IL 12 (1977–2022) WA 12 (1978–2022) ND 12 (1971–1994) HI 9 (1995–2020) NJ 8 (1977–2021) MA 7 (1978–2025) AL 7 (2013–2023) MN 4 (1978–2002) FL 3 (1992–2012) IA 3 (1910–2021) KS 2 (2018–2019) LA 2 (1984–1999) WY 2 (2011–2024) MD 2 (2019–2019) CA 2 (2006–2025) ME 2 (2020–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check