Legal Question in Family Law in Connecticut

Religion

My wife is a Roman Catholic and I am a Muslim. During our 14 years of marriage, she continued practicing her faith, and I continued with mine, with an understanding that if we were blessed with children, they (the children) will choose the faith of their preference. We were blessed with a boy (16 yrs) and two girls (12 & 13). We split ways since 1999 (informerly). I filed for divorce in 2003. My children never had a formal Islamic education ever. Every time I wanted to put them for weekend Islamic classes, my wife would find reasons to keep them out, while they schooled at St. Philips Neri. Can I request the court for custody on basis of religion? Thank you.


Asked on 4/10/03, 6:58 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Religion

The court won't base a custody decision solely on which religion the children ought to follow. About the most a court will do is to rule that when the children are with you (for visitation, for example) you can have them follow Islamic practices; when they are with her, she can have them follow the Roman Catholic rite. The court would probably also order that neither party interfere with the religious practices of the other while the children are with the other. A change of custody or primary residence based on religion is a non-starter, however.

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Answered on 4/11/03, 10:21 am


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