North Dakota Law

Updates from the University of North Dakota School of Law.

Professor Ariana D. Meyers and Alumnus Gabrielle C. Wolf recently published their article, Policing Morality: The Inconsistent Application of the Moral Fitness and Fitness Factor, in the Children’s Legal Rights Journal

The Children’s Legal Rights Journal is a national journal sponsored by Loyola University of Chicago School of Law, in cooperation with the National Association of Counsel for Children.

The article depicts the importance of reforming the best interest of the child factors through the elimination or replacement of the moral fitness and fitness factors. This article provides an examination into the states who have a moral fitness or fitness factor and how each state applies the factor inconsistently, both within its own jurisdiction and amongst the other states with the factor. Moreover, many facts applied to the moral fitness and fitness factors can arguably be applied to other best interest of the child factors rather than the moral fitness and fitness factors, further highlighting the ambiguous application of this factor between the states.

Policing Morality: The Inconsistent Application of Moral Fitness and Fitness Factor, 44 CHILD. LEGAL RTS. J. 1 (2024).