Legal Question in Family Law in New York
Father stopping daughter from practicing her religion
My daughter and I attend church. She is 13 years old and starts confirmation classes this week. To be confirmed in June she is required to attend church, Sunday school, and confirmation classes. The classes fall on Sundays and my daughter is at her father's on Sundays. He is refusing to take her to the classes. If I file a petition with the court can they step in and make him take her to class or change the visitation schedule to allow her to attend the classes?
3 Answers from Attorneys
Re: Father stopping daughter from practicing her religion
It depends primarily on the language of the custody order/agreement. Other relevant factors may include the past religious training and activities of the child and family. Consult an attorney to discuss this in further detal.
Re: Father stopping daughter from practicing her religion
You can ask the court for a modification to the visitation agreement, but the father has a right to challenge a change if he doesn't consent.
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Re: Father stopping daughter from practicing her religion
Be very careful, what you ask for,...
If you choose to file a Modification of Visitation Petition, your daughter's desire and interest in this matter, will be considered more important than YOUR desire to insure her attendance at Sunday confirmation classes.
In addition, her father may choose, NOT to reschedule HIS time for visitation with his daughter to another time. Which, will likly hurt your daughter and create problems with your relationship with her.
Therefore, your daughter is the one who needs to tell her father what she wants and how she wishes to spend HER Sundays, or her visitation with him.
And, you need to abide by your daughter's decision, respecting how she wishes to handle these matters.
Good luck,
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