Sunday, January 16, 2011
Who Determines the Religious Practices of a Child?
An interesting case was recently decided in New York regarding the ability of the Court to intervene in a parents’ dispute regarding the religious practices of their child. There is an unusual twist in this case, since both parents practice the same religion – Judaism. However, the father’s religious beliefs are more rigid than the mother’s beliefs, creating an issue when the child was in the presence of her mother for visitation.
The father currently has custody of the child and the mother was afforded certain visitation rights. However, the father objected to the mother’s more lenient interpretations of religious doctrines, including:
- Kosher dietary laws
- Appropriate dress code for their daughter
- Restrictions regarding the use of TV and the Internet
- The speaking of Yiddish vs. English in the house
The father was seeking an alteration to the terms of visitation set forth in the child custody agreement. Instead of spending every other weekend from Friday afternoon through Sunday evening with her mother, the child would only get to spend three Sundays a month with her mother.
The Court found that it was in the best interests of the child to continue the current visitation schedule of every other weekend from Friday afternoon to Sunday evening, claiming that the father’s proposed alternate schedule would prevent the mother from sustaining a meaningful relationship with her daughter.
Furthermore, the Court ruled that the mother must adhere to the father’s standard of religious practices since the law states that the custodial parent has the final say regarding the child’s religious upbringing and practices, as long as there are no violations of any specific terms set forth in the divorce agreement. Since the father’s preferences did not violate the terms of the divorce settlement or present a danger to the child, the Court refused to interfere with the religious dispute between the parents.
It appears that if your child’s religious upbringing is important to you, it is in your best interest to define the terms of this upbringing, as well as who has the right to make decisions regarding the child’s religious development, during the crafting of the divorce agreement. Otherwise, the ultimate decision will likely fall squarely with the custodial parent.
posted by Andrew @ 1:31 PM
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