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Constitutional Law Keyed to Varat
Palmore v. Sidoti
Citation:466 U.S. 429, 104 S.Ct. 1879, 80 L.Ed.2d 421 (1984).
Plaintiff and Defendant, both Caucasian, were divorced. The court awarded Plaintiff custody of their daughter. Defendant sought custody of the child by filing a petition to modify the agreement because of changed conditions. The changed conditions he cited were that Plaintiff began cohabiting with a Black man, whom she later married. Defendant won based on the court counselor’s recommendation that Plaintiff had chosen for herself and for her child a lifestyle unacceptable to the father and to society. The child, soon of school age, would be subjected to environmental pressures not of her choice. The Plaintiff then challenged the court’s ruling on Equal Protection grounds.
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