OF THE FOUR GROUPS OF PARENTS STUDIED, THE MENTALLY RETARDED SEEM TO BE HELD BY THE COURTS IN THE LOWEST ESTEEM. THE COURTS HAVE REPEATEDLY SHOWN WILLINGNESS TO SEE A SINGLE 'FAILING' SCORE ON A STANDARDIZED TEST AS AN INDICATOR OF PROBABLE INCAPACITY TO BE A CAPABLE PARENT. THE TREATMENT OF PARENTS CLASSIFIED AS MENTALLY ILL TENDS TO BE BASED TO A GREATER DEGREE UPON AN OBJECTIVE ASSESSMENT OF THEIR CAPABILITIES; HOWEVER, VOLUNTARILY SEEKING TREATMENT HAS BEEN PREJUDICIAL TO THE CASE OF PARENTS SEEKING CUSTODY. HOMOSEXUAL PARENTS NOT ONLY GET RELATIVELY POOR RESULTS IN THE COURTS, THEY ARE SUBJECTED TO FREQUENT LECTURES FROM THE JUDICIARY ON THE UNACCEPTABILITY OF THEIR BEHAVIOR. WHILE ONE MIGHT EXPECT A COURT TO BE THE MOST PUNITIVE TOWARD PARENTS IMPRISONED FOR SERIOUS CRIMES, THIS SEEMS NOT TO BE THE CASE. MURDER OF A MOTHER BY THE CHILDREN'S FATHER IS GROUNDS FOR CUSTODY TERMINATION IN SOME STATES. ALTHOUGH THE RESULTS OF CASES INVOLVING IMPRISONED PARENTS ARE UNEVEN, PARENTS IN THIS STATUS ARE TREATED TO LESS MORALIZING AND DISCRIMINATION THAN THE OTHER GROUPS EXAMINED. IT IS NOTED THAT IF A PARENT WHO HAS SOLE CUSTODY IS INCARCERATED AND CANNOT MAKE OTHER ARRANGEMENTS, THE STATE MUST DECIDE THE ISSUE OF CUSTODY. CASE LAW IS CITED.