...The upstate woman has been told she needs to ditch a driveway decoration painted with a confederate flag or risk losing custody of her mixed race child — even though a family court judge didn’t consider it to be an issue when it was raised during trial.
“Given that the child is of mixed race, it would seem apparent that the presence of the flag is not in the child’s best interests, as the mother must encourage and teach the child to embrace her mixed race identity, rather than thrust her into a world that only makes sense through the tortured lens of cognitive dissonance,” judges with the Appellate Division’s Third Department in Albany wrote in a ruling released Thursday.
The “presence of the confederate flag,” when “viewed pragmatically,” “is a symbol inflaming the already strained relationship between the parties,” the judges said.
They ruled if the rock is not removed by June 1, “its continued presence shall constitute a change in circumstances,” meaning the parents’ custody agreement could be revisited, and “Family Court shall factor this into any future best interests analysis.”
...Regardless of its symbolism, Michael Stutman, an attorney specializing in matrimonial law and the current chair of the New York City Bar Association’s Matrimonial Law Committee, told The Post he thinks the judges made “a very dangerous statement.”
“I think that it is a rather astonishing extension of wokeness in now that the door seems to be opening that someone’s political viewpoint reflects on their fitness as a parent,” Stutman said.
“It is one of the clearest infringements on someone’s free speech by the state to have a court threaten to restrict a parents’ rights to their child based upon … the propriety of a person’s political beliefs....