Legal Brief
Student Name: Angela M. Williams
Class: Law 103/Legal Research – Mon./Wed.
Date Due: 02/23/09
Date Submitted: same
Project: Case Brief I Project
Palmore v. Sidoti
Possible Points: 25
Points Received:
Palmore v. Sidoti, 466 U.S. 429, 104 S. Ct. 1879, 80 L. Ed. 2d 421 (1984)
Facts:
1) Petitioner Linda Sidoti-Palmore and respondent Anthony J. Sidoti divorced in Fla. in 1980
2) Linda Sidoti-Palmore was awarded custody of their 3 yr. old daughter in trial court in 1980
3) Linda Sidoti-Palmore and Anthony J. Sidoti are Caucasian
4) Anthony Sidoti petitioned to modify the original custody order alleging changed
circumstances in 1981
5) Anthony Sidoti contends Linda (mother) was cohabitating with an African-American male,
Clarence Palmore Jr., whom she married 2 months later
6) The court determined there were no issues with either party’s devotion to the child,
adequacy of housing facilities or respectability of Linda Sidoti-Palmore’s new spouse
7) The court accepted the recommendation of the court counselor supporting the change of
custody to the father based on an unacceptable lifestyle selected by Linda Sidoti-Palmore
and societal and environmental pressures the 3 yr. old child may endure, not of the child’s
choosing
8) The court correctly stated that the child’s welfare was the controlling factor, but the court
made it clear their decision was based on race
9) The Fla. Court of Appeals concluded the best interests of the child would be served by
awarding custody to the father in 1981
10) In 1984, the U.S. Supreme Court granted certiorari to review the custody modification
judgment of the Fla. Court of Appeals
Issue:
Should the Florida District
Class: Law 103/Legal Research – Mon./Wed.
Date Due: 02/23/09
Date Submitted: same
Project: Case Brief I Project
Palmore v. Sidoti
Possible Points: 25
Points Received:
Palmore v. Sidoti, 466 U.S. 429, 104 S. Ct. 1879, 80 L. Ed. 2d 421 (1984)
Facts:
1) Petitioner Linda Sidoti-Palmore and respondent Anthony J. Sidoti divorced in Fla. in 1980
2) Linda Sidoti-Palmore was awarded custody of their 3 yr. old daughter in trial court in 1980
3) Linda Sidoti-Palmore and Anthony J. Sidoti are Caucasian
4) Anthony Sidoti petitioned to modify the original custody order alleging changed
circumstances in 1981
5) Anthony Sidoti contends Linda (mother) was cohabitating with an African-American male,
Clarence Palmore Jr., whom she married 2 months later
6) The court determined there were no issues with either party’s devotion to the child,
adequacy of housing facilities or respectability of Linda Sidoti-Palmore’s new spouse
7) The court accepted the recommendation of the court counselor supporting the change of
custody to the father based on an unacceptable lifestyle selected by Linda Sidoti-Palmore
and societal and environmental pressures the 3 yr. old child may endure, not of the child’s
choosing
8) The court correctly stated that the child’s welfare was the controlling factor, but the court
made it clear their decision was based on race
9) The Fla. Court of Appeals concluded the best interests of the child would be served by
awarding custody to the father in 1981
10) In 1984, the U.S. Supreme Court granted certiorari to review the custody modification
judgment of the Fla. Court of Appeals
Issue:
Should the Florida District