The Impact of Tattoos in a Custody Case

I bet you would never think that your tattoos could impact a custody decision. Recently, I had an opposing attorney compel my client to provide a detailed explanation as to the meanings of his tattoos.  It was a strange request, but in light of his prior criminal history, it was deemed relevant.

In complying with the request, I invited my client into the office for a meeting that we dubbed “Tattoo Inventory.”  My legal assistant, with her digital camera in hand, was summoned to the conference room where my client was asked to remove his shirt, so we could provide the requested explanation of his tattoos.  Putting aside my shock, as I realized that there was not a piece of skin from above his wrist to below his neck that was not covered in tattoos, we began the process of documenting and explaining their meaning.

Who would have thought that tattoos could impact a custody case?  Imagine if the tattoos documented drug and gang activity – could a judge base a parenting time decision on the nature of one parent’s tattoos?  The First Amendment guarantee of freedom of speech immediately comes to mind, and the Arizona Supreme Court recently decided a case in which the speech element of tattoos was at issue (although in a different context than in the child custody scenario).

In Coleman v. City of Mesa, the Court analyzed a claim by the owners of a tattoo shop that they were illegally denied a city zoning permit to operate their shop.  The lower court initially dismissed the claim, but the Arizona Supreme Court declared that tattooing is a protected form of “pure speech” under the First Amendment and that the lower court should have heard the case.

It remains unclear how the case will ultimately be resolved – the shop owners still must succeed in showing that the denial was an invalid exercise of the city’s authority – but this case may signal a shift in the way that Americans view tattoos.

The high court’s decision to treat tattooing as a protected form of speech should, at minimum, give more freedom to the owners and operators of tattoo parlors to practice their trade in areas of cities like Scottsdale, Chandler, and Cave Creek which might previously have been unavailable to them.  Furthermore, the court’s acknowledgment of tattoos as speech could open the door for additional challenges in employment and other arenas – including custody and adoption cases.

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About Gregg R. Woodnick, PLLC

Gregg R. Woodnick, P.L.L.C. is a family and criminal defense practice in Arizona. Our small team of attorneys includes adjunct professors at law schools, lecturers of legal-medical issues in medical colleges, and recipients of numerous awards in Arizona. You can read more about the attorneys and their practice areas at www.woodnicklaw.com.
This entry was posted in Attorney Guidance, Brad TenBrook, Divorce, Gregg R. Woodnick, Leslie A. Satterlee, Parenting Plan, PLLC and tagged , , , . Bookmark the permalink.

6 Responses to The Impact of Tattoos in a Custody Case

  1. Melanie says:

    Gday! It appears as though we both have a passion for the same thing.

    Your blog, “The Impact of Tattoos in a Custody Case | My Arizona Divorce Lawyer” and mine are very similar.
    Have you ever thought of authoring a guest write-up for a related website?
    It is sure to help gain publicity to your website (my site recieves a lot of visitors).

    If you might be interested, email me at: melanie.duarte@gmail.

    com. Thanks

  2. Fantastic blog you have here but I was curious about if you knew
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    I’d really like to be a part of community where I can get feed-back from other experienced individuals that share the same interest. If you have any suggestions, please let me know. Cheers!

  3. Thank you for the message. I will look into the content formatting issue.

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