Free speech and child custody
doughr at ACAD.UDALLAS.EDU
Tue Feb 12 17:43:16 PST 2002
I tend to agree with Brian Landsberg's suggestion here; but could not one ask the flip side, that the mother is undermining the parental authority of the father? On what grounds would the court decide which to favor?
Brian Landsberg wrote:
> Traditional test in custody cases asks what is in child's best interests, I believe. But there are limits, see Palmore v. Sidoti. On the other hand, can it be good for the kids to shuttle between a racist parent and one who objects to racism? Is the father undermining the parental authority of the mother? These seem legitimate questions for the court to ask.
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