Judge Orders New York Woman to Remove Confederate Flag or Risk Custody of Biracial Child

[Yo_Mama_Been_Loggin]

A judge recently ordered a New York woman to remove a rock decorated with a Confederate flag from her residence or risk losing custody of her biracial child.

In a 5-0 ruling, justices in the Appellate Division of New York State's Supreme Court's Third Department, allowed a couple to retain joint custody of their biracial child but ordered the mother to remove the rock featuring the Confederate flag by June 1.

"As such, while recognizing that the First Amendment protects the mother's right to display the flag, if it is not removed by June 1, 2021, its continued presence shall constitute a change in circumstances and Family Court shall factor this into any future best interests analysis," Justice Stanley Pritzker wrote in the ruling on May 6.

According to the ruling, the parents, who were only identified as Christie and Isiah, were ordered to have joint custody of the child in 2017, but when an attorney for the child recommended that the mother's home should be the child's primary residence, the father appealed.

https://www.msn.com/en-us/news/us/judge-orders-new-york-woman-to-remove-confederate-flag-or-risk-custody-of-biracial-child/ar-BB1gETz1

[MarineCombatEngineer]

1. I suspect this may not stand due to this ruling yesterday.

https://abcnews.go.com/US/wireStory/appeals-court-overturns-conviction-racial-slur-case-77633857.

[StarfishSaver]

2. This ruling has absolutely no impact on the case you're referencing, for several reasons

First, it was decided by a Fourth Circuit appellate court, which has no jurisdiction whatsoever on any cases in New York, which is in the Second Federal Circuit.

Second, this is a criminal case with a very narrow holding and, therefore, its holding is not applicable to a civil case deciding child custody.

Third, even if this ruling in a criminal case did apply to a civil child custody case in another state and circuit, the facts aren't anywhere close, so no court would apply this holding to the inapposite child custody case.

Fourth, the First Amendment is not a consideration in child custody cases.

For this and other reasons, this ruling by a federal Second Circuit Court of Appeals won't have any impact at all on a child custody case in New York state court.

[mahatmakanejeeves]

3. "Bartow's conviction was overturned by a three-judge panel of the 4th U.S. Circuit Court of Appeals.

I'm not sure which circuit the New York case would end up in.

The 4th U.S. Circuit Court of Appeals is in Richmond.

Fireworks to follow.

{edited: the 2nd, I see}

[StarfishSaver]

4. New York is in the Second Circuit

They are not bound by decisions in the Fourth Circuit.

But even if they were, this case would have no precedential value over the child custody case. The cases have no connection at all.

Lawyers spend years studying cases, precedent, jurisdiction, conflict of laws, etc., and when and how to apply precedent to particular cases and fact patterns. I don't expect a lay person to know this, but any first year law student knows that this case would not affect the child custody case.

[LizBeth]

5. If this is the parents intent it can be done so many ways other than flag. Saying, I do not see

removal any real kind of solution for the child.

[RegularJam]

6. They said it would become a part of the "best interest analysis."

Good move.

When adults can't come together for the best interests of the child someone must. It is an extremely unenviable position the courts are put in constantly.