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On Constitutional Rights, Divorce and the Best-Interest Test

Other than holding that courts cannot use race as a criterion for decision (<i>Palmore v. Sidoti</i>, 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 <i>Shepp v. Shepp</i>, 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.

26 minute read April 27, 2007 at 03:00 PM
By
Andrew Schepard
On Constitutional Rights, Divorce and the Best-Interest Test

Other than holding that courts cannot use race as a criterion for decision (Palmore v. Sidoti, 466 US 429 (1984)), the U.S. Supreme Court has not delved deeply into defining the constitutional rights of divorcing parents in the context of a custody dispute.

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