May 2007
On Constitutional Rights, Divorce and the Best-Interest TestBy Andrew Schepard
Other than holding that courts cannot use race as a criterion for decision (Palmore v. Sidoti, the U.S. Supreme Court has not delved deeply into defining the constitutional rights of divorcing parents in the context of a custody dispute. In Shepp v. Shepp, however, the Pennsylvania Supreme Court recently held that a divorced parent had a constitutional right to advocate his sincere religious belief in polygamy to his 9-year-old child.
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