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Justia Daily Opinion Summaries

California Courts of Appeal
August 29, 2020

Table of Contents

In re A.C.

Family Law

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Legal Analysis and Commentary

Drafted and Shafted: Who Should Complain About Male-Only Registration?

SHERRY F. COLB

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Cornell law professor comments on a recent opinion by the U.S. Court of Appeals for the Fifth Circuit holding that requiring men but not women to register for the draft is constitutional under mandatory U.S. Supreme Court precedents. Specifically, Colb considers what the U.S. Supreme Court should do if it agrees to hear the case and more narrowly, whether the motives of the plaintiffs in that case bear on how the case should come out.

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California Courts of Appeal Opinions

In re A.C.

Docket: B302248(Second Appellate District)

Opinion Date: August 28, 2020

Judge: Wiley

Areas of Law: Family Law

The Court of Appeal affirmed the juvenile court's finding that placing 12 year old daughter out of state with father would be detrimental to her emotional well-being. The court held that substantial evidence supports the juvenile court's detriment finding where the evidence shows that, among other things, daughter is strongly attached to her mother, half brother, and maternal family; they are loving; daughter is thriving in her grandmother's home; she sees mother daily and wants to reunify with her; and she has many friends, enjoys school, and is excelling academically. The court explained that a court properly may decline placement with a safe and nonoffending parent if that placement would be detrimental to the child's emotional well-being.

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