Judge rules woman must choose her Confederate flag or her biracial child “Given that the child is of mixed race, it would seem apparent that the presence of the flag is not in the child's best interests." By Story at a glance Albany, N.Y., district court justices ruled last week a Confederate flag painted on a rock in a woman’s driveway could play a role in an ongoing battle for custody of her multiracial child. An appellate division of the state’s second highest court ruled in a 5-0 decision a couple would retain joint custody of their child born in 2014.