Hi and welcome to DadsDivorce, the leader in divorce help for men, fathers rights and mens rights. We provide divorced dads with concrete, practical divorce resources to achieve the best results in the courtroom.
Its not some archaic law that prevents the father from doing that. He violated the decree, to which he previously agreed the child would be raised a jew.
Its the court enforcing the contract of the parenting plan.
Read the case. I was surprised the court took such a stance but its established case law in this state. Mother had decision making authority over religion as agreed to in the settlement agreement. Father violated the agreement. The court enforced.
Pretty cut and dried.
I'll add this though, the court says "As an aside, we note that even in the absence of an agreement, the custodial parent has the authority to determine religious training, and that "[o]nce custody has been awarded, courts should be loath to interfere with the religious training sanctioned by the custodian, since no end of difficulties would arise if judges sought to prescribe or proscribe the selection of a religious faith made by a custodial parent.
So the question to the OP , again, is what does the parenting plan say?
I have final decision making authority on my kids religious upbringing and believe all religions are about equally hokey but I don't make a big deal out of it when their mom takes them to church.
When they come home and tell me about some fantastic biblical story I'll question it using the socratic method. They'll eventually come to their own understanding of it and I believe they'll outgrow the fairy tales just as they outgrew the tooth fairy, easter bunny and santa clause.
I dont believe I pushed for your belief. What you believe is irrelevant to the issue at hand.
Mom, being custodial parent' is within her rights to indoctrinate the kid into whatever kooky beliefs she believes in just as you are free to indoctrinate kiddo into your unbelief until a court says otherwise.
My divorce agreement has very specific agreements on religion. Even with that, NJ violates various aspects of the agreement on a regular basis, including religion. I haven't bothered trying to enforce it because that seems like an impossible feat.
I put it in there hoping she would keep her word, silly me.
FoF, that particular case apparently, was based upon an agreed decree, or precedent that involves strong, inherited familial religious & cultural traits. One can become a Catholic or Protestant without being born into it. And people who voluntarily agree to stipulated terms fundamentally waive their rights re enforcement once agreed & entered. Those are key data points.
Doc, you're the one being abrasive. You have some good responses here, why do you continue to push back so hard? An independent third party is not going to rule against a faith without an element of law to hang their hat on.
The board is the sum of all of your great posts...Help divorced men be great dads! Divorce help in a father friendly divorce forum....more tips on how to deal with your divorce at DadsDivorce.com
Fatheroffour wrote:I dont believe I pushed for your belief. What you believe is irrelevant to the issue at hand.
Honestly bro, why are you so abrasive?
Your opinions of my beliefs are what is irrelevant.
Abrasive? You should reread your first post on dd..com. You come across as quite the tool yourself. Why are you refusing to answer the question?
What does your parenting plan say about religious training? Do you even know?
If not, what state are you in so you can look up the appropriate case law or statute so you'll know your rights in the matter should you choose to exercise them. Few, most likely, as the custodial parent will have the right to decide such things and if you're in Georgia (possibly other states as well) and entered into a settlement agreement you may not even have the right to share your atheism with your child if the mother wants to make a case out of it.
Thoughts?, true that the case was based on a settlement agreement but that would cover the majority of cases as few actually go to trial. Most people don't fully realize what they're signing.
That's why I made sure mine said I have the final decision making authority.
It's also established case law in this state that the courts are loath to interfere with the religious training sanctions by the custodial parent. Not so much with the NCP.
I did notice in reading through the dozens of cited cases that it' seems that those of the jewish faith are the ones to get so bent out of shape about it that they take it all the way through the courts. Why that is, we'll just have to guess.