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April 7, 2006

Religious Observance and Child Custody Awards

Posted by Filed under Miscellaneous, Child Custody, Visitation.

The About portal has a couple of fascinating (and chilling) articles about how religous observance (or lack of same) may impact child custody awards in at least 18 specified states (Florida was not among them).

The articles are located at Religious Discrimination in Child Custody Settlements and Atheists Discriminated Against in Child Custody Cases.

The About articles were inspired by a scholarly law review article by UCLA law professor Eugene Volokh (incidentally, a fellow blogger at the Volokh Conspiracy).

Professor Volokh’s entire article may be read or downloaded from UCLA’s website.

All of the above articles call into question selected child custody awards on the ground that they arguably violate constitutional rights to free speech and freedom of religion.

It should also be noted that no less an authority than the US Supreme Court (and, following suit, the highest courts of various states) has upheld the right of fit parents, who are not abandoning, abusing or neglecting their children, to raise their children as they think best on fundamental privacy grounds.

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