Legal Question in Family Law in California

childrens religous rights

I have primary custody of our eleven year old daughter. I am agnostic, my ex. is a ''weekend christian''. I know it is an effort to show the community what a good father he is. He didn't go to church until I left. He is under court orders for rage management, and has other serious mental issues. My daughter is intelligent, self confident and a good child, she does not want to go with him to church. He is allowed to have her every other Sunday. He is forcing her to attend Sat. night services and any other times he can manage. It is getting really scary. I am in the process of trying to find a new attorney, so my question now is, since I have primary custody, aren't I legally responsible for my daughter's religious upbringing, or in our case lack of? I know most judges would not take my side, but I believe he is hurting her emotionally. Thank you.


Asked on 10/03/03, 12:30 am

3 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: childrens religous rights

I concur with my colleagues. This is probably not a battle worth fighting, because it is unlikely you will win unless your decree already specifically reserves to you all authority in religious matters. Despite his "weekend christianity", most judges are going to consider it a good thing that he is taking her to church. Now, if it is really some oddball group that comes closer to a cult, then, by all means, get a psychiatric/psychological opinion and then rescue her from it before she is brainwashed.

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Answered on 10/03/03, 2:01 pm
Donald Holben Donald R. Holben & Associates, APC

Re: childrens religous rights

I believe he has right to have her attend with him.

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Answered on 10/03/03, 11:51 am
PATRICK MCCRARY PATRICK MCCRARY

Re: childrens religous rights

You will need to show that attending church is harmful to your child. I very difficult hurdle and your opinion will not be sufficient to cross that hurdle. You will probably need the testimony of a psychologist. Be prepared for a very expensive court battle. Good Luck, Pat McCrary

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Answered on 10/03/03, 12:36 pm


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