NCJ Number
117533
Journal
Gonzaga Law Review Volume: 23 Issue: 1 Dated: (1987/88) Pages: 167-191
Date Published
1987
Length
25 pages
Annotation
Examination of the guidelines in child custody law indicates that a determination in a case involving an AIDS-infected parent will not deviate markedly from the standards involved in other determinations.
Abstract
With the exception of a few courts that may find AIDS-infected parents unfit as a matter of law, most courts will probably approach a parent's AIDS infection as they have any other parental debilitating or contagious disease: it is just one relevant factor among others which influences the best interests of the child. The medical uncertainty about the transmission of AIDS, the lack of cure, the uniform fatality, and the moral overtones of the disease will no doubt strongly affect the court's final determination, however. Under the "best interest" doctrine, therefore, it is doubtful that many courts will award custody to an AIDS-infected parent at this time. Regarding visitation privileges, most courts will continue to weigh all the pertinent factors on a case-by-case basis. In this regard, the judges' role is important, since their determination is discretionary and may be based on what they perceive to be society's values and beliefs. Courts should find visitation privileges, conditioned on strict precautions, to be a reasonable balancing of the interests involved. 146 footnotes.