Posted by Eugene Volokh:
Stand Up and Urinate Like a Man:
http://volokh.com/archives/archive_2009_07_19-2009_07_25.shtml#1248472734
From [1]a Florida Court of Appeals opinion released today:
[T]he father [petitioned] for modification of the final [custody]
judgment, requesting primary residential custody of their son....
[T]he trial court based its ruling on evidence that the father was
more likely to ensure the child was engaged in productive, normal,
and healthy extracurricular activities, and the child would benefit
from a greater male influence in his life. The trial court
concluded that the child's development was "disturbingly retarded."
It went on to find that the child possessed unreasonable fears for
his age, and had "unmanlike" toilet behavior.
[Footnote: The child would sit to urinate and was self-conscious
about urinating in the woods during excursions with the father.]
The court of appeals reversed, concluding that "the father failed to
satisfy the extraordinary burden of showing a substantial and material
change [in circumstances since the initial custody decision]." And the
court seemed to dismiss the "toilet behavior" matter by saying, "The
child simply did not conform to either the father's or trial court's
perception of manliness."
References
1. http://www.5dca.org/Opinions/Opin2009/072009/5D08-2499.op.pdf
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