I just ran across the Tennessee statute, Tenn Code Ann. § 36-6-404, that provides the factors that courts are to consider in determining physical custody as between two parents. Many states have such lists of factors, but the bold text seems to me to be unique to Tennessee: (b) … The court shall make residential […]
Archive | Child Custody and Constitutional Law
Fear That Children Will Be Teased About Parent’s Homosexual Relationship as Basis for Denying Parent Custody?
Impermissible, holds Maxwell v. Maxwell (Ky. Ct. App. Oct. 19, 2012): [W]e now turn to the family court’s decision to award Robert sole custody. We begin by addressing Angela’s contention that the court erred by considering factors unrelated to the best interests of the children. The focus of the family court’s decision was that Angela’s […]
American Court Enforces United Arab Emirates Divorce, Mahr, and Child Custody Judgment
By Eugene Volokh on October 8, 2012 5:03 pm in Child Custody and Constitutional Law, Islamic Law in the American Legal System
An interesting case, S.B. v. W.A. (N.Y. trial court Sept. 26, 2012). A quick and oversimplified summary: 1. In 1998, S.B., an American professional woman, married W.A., an Egyptian immigrant who eventually became an architect. They lived until 2006 in America, where their two children were born. They then moved to the United Arab Emirates, […]
English Court Lets 10-Year-Old Girl Choose to Be Baptised, Over Jewish Mother’s Objections (but with Christian Father’s Permission)
By Eugene Volokh on August 6, 2012 1:18 pm in Child Custody and Constitutional Law, Children's Rights, Parental Rights, Religious Freedom
There’s been some recent buzz about this court decision, In the Matter of C (Romford County Ct. May 11, 2012); see, for instance, here, here, and here. I tend to think the court decision is correct, and here’s why. The parents were nonobservant Jews for most of their marriage, but at the very end of […]
“Father Shall Take Down That Web Site and Shall Never on Any Public Media Make Any Reference to Mother At All,”
By Eugene Volokh on July 14, 2011 10:15 pm in "Bullying" Bans, Child Custody and Constitutional Law, Freedom of Speech
“nor any reference to the relationship between mother and children, nor shall he make any reference to his children other than ‘happy birthday’ or other significant school events.” That’s the text of a judge’s oral order in Morelli v. Morelli, No. A06-04-60750-C (Diane Gibbons, J., Bucks Cty., Pa. June 6, 2011). If the father says […]
Judge Grilling Parent in Child Custody Case About the Parent’s Secular Humanism
By Eugene Volokh on March 9, 2011 6:33 pm in Atheism, Child Custody and Constitutional Law, Parental Rights, Religion and the Law
From yesterday’s Atchley v. Atchley: The trial court addressed the following inquiry to the husband. Q. Now, you said you attend a Morning Star Church? A. Correct. Q. Do you donate money to the church? A. I don’t donate money to the church. Q. Do you—does [husband’s girlfriend]? A. No, she has not yet. Q. […]
Judge Vacates TRO Barring Divorced Father From Exposing Child to Religion Other Than the Mother’s
By Eugene Volokh on April 13, 2010 7:01 pm in Child Custody and Constitutional Law, Religion and the Law, Religious Freedom
The Chicago Sun-Times reports: In a divorce case that’s drawn national attention, a Chicago man who claims he has returned to his Catholic roots will be allowed to take his 3-year-old daughter to church, despite the objections of the girl’s Jewish mother, a Cook County judge [Renee Goldfarb] ruled this afternoon…. The judge said she […]
More Discrimination in Child Custody Cases Against the Less Religiously Practicing Parent:
By Eugene Volokh on October 12, 2009 7:55 pm in Child Custody and Constitutional Law, Religion and the Law, Uncategorized
From Stavig v. Stavig, No. 05-0464 (S.D. Cir. Ct. Aug. 28, 2008), recently affirmed by the South Dakota Supreme Court: [Father] is a little more able to [provide for the 6-year-old son’s “temporal, mental and moral welfare”] than [mother]…. Both have the ability to give [son] love, affection, guidance, education and to impart the family’s […]