A New York mother is caught between a rock and an appellate court.
The woman is told she needs to dig out the decoration of a passage painted with a mixed flag or is in danger of losing the safety of her mixed race child – even though a family court judge did not consider it an issue when it Was picked up during the test.
“Given that the child is of mixed breed, it would seem obvious that the presence of the flag is not in the child’s best interest, because the mother should encourage and teach the child her mixed race identity, rather than giving her a world that is only The tyranny of cognitive dissonance is understandable through the lens, “Judges with the Third Department of Appellate Division in Alzany Written in the ruling Released on Thursday.
The judges said, “The presence of the Confederate flag,” when “practically seen,” is an emblem of an already strained relationship between the parties.
He said that if the rock is not removed by June 1, “its continued presence will lead to a change in circumstances,” meaning that the parental custody agreement can be reissued, and that “the Family Court will grant it Will turn into an analysis of the future’s best interests. “
The parents – identified only in documents as Christie and Isaiah – have long had joint legal custody of the girl, who was born in 2014, but the mother wants the father to only see her daughter every other weekend, and Father wants sole custody.
When he first raised the rock issue during his custody trial, the father argued extensively in court that his house was more suitable for the girl.
The case made its way to the appellate court, which brought the rock to the forefront of the dispute.
“However, not addressed by the Family Court or the Attorney for the Child, the mother’s testimony at the hearing, as well as an exhibit admitted to the evidence, reveal that she has a small Confederate flag on a rock near her driveway Is pictured, “the judge wrote in the ruling.
The lawyer representing the child, Jason Leifer, said it was like appellate judges to “get something out of a hat” because the rock was never the subject of parental disagreement.
“Bringing politics to family court is probably the worst possible thing you can do and it seems that the Appellate Department has opened the door,” Leifer told The Post from the phone.
“Hopefully, this will be decided by the court of appeals.”
In the midst of a modern-day civil-rights movement following the police assassination of George Floyd in Minneapolis, the Confederate flag has been under intense scrutiny, with many opponents arguing that it is “a symbol of racism and slavery and” the public. Is inappropriate for Display, ” According to Britannica.
In December, the village. Andrew Kyomo signed a law prohibiting the sale of Confederate flags and other “hate symbols”, such as swastikas, on state property. The law severely limits the display of the flag unless deemed relevant for the fulfillment of an educational or historical purpose.
Proponents of the flag argue that it misses the “southern heritage and sacrifice of war”, Britannica says.
Despite its symbolism, Michael Stutman, a lawyer specializing in matrimonial law and the current chair of the New York City Bar Association’s Marital Law Committee, said The Post he thinks the judges “made a very dangerous statement.”
Stutman said, “I think it is now an astonishing extension of the upheaval that the door opens that someone’s political outlook depends on their fitness as a parent.”
“It is one of the clearest violations by the state on one’s free speech that a court has threatened to restrict parental rights for their child based on a person’s political beliefs.”
“I do not think that such a decision will ever be a constitutional challenge.”
“You can easily find a conservative court stating that a man who hoists an iridescent pride flag at his front door is an unqualified guardian because that judge does not believe in sexual choices, says it Is beyond just men and women, ”the lawyer added.
“I think it was a real error.”
The child’s mother could not be reached but an attorney for the father told The Post that he and his client “certainly … felt that the issue was important and needed to be taken up.”
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