Legal Question in Family Law in New York
religion
My daughter has been granted sole legal and physical custody of her children. The father has typical visitation. It was also stated in the decree that the parents are to cooperate in making possible the children taking the necessary steps to take first holy communion and confirmation in the Catholic church. My daughter is not Catholic. The childrens' father has a different idea of what he can do in this situation. The twins are now 4 years old. Is this really an enforceable judgement? It seems so ''not right'' that the state can make a judgement with regard to religion. The children are not required to attend mass when with their Mom (that was also made clear by the judge) but we forsee a time when the father is going to make lots of trouble over this issue. My daughter intends to cooperate within the framework of the law but wonders how she can be forced to do so -- the cooperation thing lends itself to different interpretation.
2 Answers from Attorneys
Re: religion
While the state cannot compel religious observance, custodial parents are free to make their own arrangements with respect to separation and custody settlements and yes, in New York, such arrangements when made by private parties are enforceable by a court. If there is a difference in opinion between the parents regarding what constitutes compliance the issue may be able to be revisited.
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Re: religion
I agree with Attorney Loeb's very good answer.
However, I also agree with your sentiment and your idea that it is untenable that your daughter appears to have (whether by stip or court order), an obligation to "foster" or encourage any particular religious practice, belief or ceremony with her children, that is opposite and antagonistic to her belief system.
Good luck,
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