IF THE CONSTITUTION DOESN’T APPLY IN FAMILY LAW THEN HOW DID SO MANY STATE SUPREME COURTS RULE THAT THE TENDER YEARS DOCTRINE VIOLATED THE CONSTITUTION?
If the constitution doesn’t apply in family law then how did so many state supreme courts rule that the tender years doctrine violated the constitution?
If the judge, attorney, or the other party says the constitution doesn’t apply, then ask them how did tender years doctrine get ruled unconstitutional?
Albright v. Albright, Mississippi Supreme Court 1983
“The “tender age doctrine” has been undergoing re-evaluation in recent years. Two states have held that the maternal presumptive favoring mothers in custody cases violates state as well as United States Constitutional guarantees of the Fourteenth Amendment. . . The tender years presumption was held an unconstitutional gender-based classification which discriminates between fathers and mothers in child custody cases solely on basis of sex.”
Watts v. Watts, N.Y.S. 1973
” . . . the “tender years presumption” in addition to its other faults, works an unconstitutional discrimination against the respondent.”
Devine v. Devine, 398 So.2d 686 (Ala 1981)
“. . . we conclude that the tender years presumption represents an unconstitutional gender-based classification which discriminates between fathers and mothers in child custody proceedings solely on the basis of sex.”
How will you talk to your attorney about applying the constitution and the protections you are entitled to from it?
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