Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

StarfishSaver

(18,486 posts)
2. This ruling has absolutely no impact on the case you're referencing, for several reasons
Wed May 12, 2021, 11:50 AM
May 2021

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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»General Discussion»Judge Orders New York Wom...»Reply #2