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Parental rights may not be terminated without "clear and convincing evidence." SANTOSKY V. KRAMER, 102 S.Ct. 1388 (1982) A child has an equal right to be raised by the father, and must be awarded to the father if he is the better parent, or mother is not interested. STANLEY V. ILLINOIS, 405 US 645 (1972) Custody can be awarded to father of girls of "tender years" if mother commits perjury, and is otherwise immoral. BEABER V. BEABER, 322 NE 2d 910 Arguments that Joint Custody constitutes a "fundamental right." BECK V. BECK, 86 N.J. 480, see also 23 Ariz. Law Review 785 Mother cannot take child out of state if that prevents "meaningful" relationship between father and child. WEISS V. WEISS, 436 NYS 2d 862, 52 NY 2d 170 (1981) See also: DAGHIR V. DAGHIR, 82 AD 2d 191 (NY 1981) MUNFORD V. SHAW, 84 A.D. 2d 810, 444 NYS 2d 137 (1981) SIPOS V. SIPOS, 73 AD 2d 1055, 425 NYS 2d 414 (1980) PRIEBE V. PRIEBE, 81 AD2d 746, 438, NYS 2d 413 (1981) STRAHL V. STRAHL, 66 AD 2d 571, 414 NYS 2d 184 (1979) O'SHEA V. BRENNAN, 88 Misc.2d 233, 387 NYS 2d 212 (1976) WARD V. WARD, 150 CA 2d 438, 309 P.2d 965 (Calif. 1957) Judges' refusal to consider evidence and psychologist reports denies due process right to "meaningful hearing." ARMSTRONG V. MANGO, 380 US 545, 552; 85 S.Ct.1187 (1965) Laws and Court procedures that are "fair on their faces" but administered "with an evil eye and a heavy hand" (discriminatorily) are unconstitutional. YICK WO V. HOPKINS, 118 S.Ct. 356 (1886) Custody can be changed if wife is "disrespectful" of "visitation" order. MURASKIN V. MURASKIN 283 NW 2d 140 (N. Dakota 1979) Wife held in contempt for denial of visitation; new judge should not suspend contempt order. PETERSON V. PETERSON, 530 P.2d 821 (Utah 1974) Wife can be held in contempt if visitation is denied ENTWISTLE V. ENTWISTLE, 402 NYS 2d 213 (1978) Judge's dismissal for no cause is reversible. FOMAN V. DAVIS, 371 US 178 (1962) |
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