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Landmark Cases

Case Name: Mark Wendell PAINTER by Harold PAINTER v. Dwight & Margaret BANNISTER

Date, Location, Cite: 1966
IA 258 Iowa 1390
Iowa Supreme Court

Child's mom died in 1962. He lived with his dad for 1 year, then the dad left him with his Grand Parents. Father then re-married in 1964, and wanted him back. Grand Parents refused, said dad was 'flaky,' (he lived in 1/2 old building in California) Grand parents had nice farm. At trial, a psychologist said the Grand father was a "father figure." Trial Court gave custody to dad and Grand Parents appealed. IA Supreme Court gave to Grand Parents based on "best interest of child." Child actually wound up living with dad. Grand Parents didn't appeal, but under Uniform Child Custody Act, California would now have to yield to Iowa decision, unless there were new facts.