Betts v. Betts

473 P.2d 403 (1970)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and W divorced. W moved with their two children to Washington State and lived with Raymond Caporale. A week later James, a two-year-old, died from internal injuries and multiple bruises on the head and body. The remaining child, Tracy was placed in protective custody, and Caporale was charged with second-degree murder but was acquitted with a finding that the evidence was not sufficient. H then moved to Washington and remarried. H then moved back to California and married Caporale, and the little girl remained in foster care. H then sued W for custody. During that trial, the testimony of the foster mother was admitted relating to how the five-year-old girl blamed Caporale for the death of her brother and how the child made those statements spontaneously. The trial court awarded H custody, and W appealed.