Legal Question in Family Law in Minnesota

Re: Divorce Decree states...

I presume from your question that the divorce was entered in Minnesota, and not South Dakota.

Your question is an important one, since the issue of "values" comes up with some regularity, whether religious or personal values.

Although the decree may require the child to be "raised Catholic," that does not prohibit your husband from taking the children to a church of his own choosing, although perhaps they cannot be "confirmed" in that church. I would want to see the language of the Decree, but it would be rather unusual if it provided for attendance at a specific church. Like most decrees, it probably contains only a general statement describing the religious preference of the parties at the time of divorce. This does not ordinarily mean both parents must attend a specific church, in a specific denomination, nor does necessarily prevent the children from attending another church with one of their parents. Instead, the question is usually in which church the children will be baptized, confirmed, etc. If the mother is insistent that the children be raised Catholic, she has every right to take them to a church of her choosing, and your husband cannot try to move them into another denomination.

If you are very concerned about the matter, you could bring a motion to modify this provision of the Decree, although I think that is probably unnecessary. I think it wise to simply take the children to your own church. If the exwife does nothing (but complain), then after a time you will have established the factual basis necessary for a motion in court, should that become necessary. In my experience, many lawyers are too quick to rush to court, and don't take time to cultivate the facts before the matter reaches court -- if it gets there at all.

If you have further questions or concerns, you can certainly contact me. However, if the divorce decree was entered in South Dakota, this matter should be addressed by a lawyer in that state.