Legal Question in Family Law in Texas

Re: dispute concerning religous orientation

This is an extremely difficult issue. The courts are forbidden to make any orders regarding religious preference and (to some degree) practice by the First Amendment. At the same time, your ex has no right to dictate what happens during your visitation times. With Jehovah's Witnesses, the problem comes to a head on birthdays and holidays because celebration of these events by parties and gift-giving is discouraged. The only role the courts can play in these situations is to look at day-to-day manifestations of a religious practice on a child. One of the more problematic areas, for example, arises when a child needs medical care but a parent's religious beliefs forbid it. In that case, typically the courts will come down on the side of providing a child with medical care. I suggest that you learn as much as you can about this religion - there are a number of books on it. You also probably could obtain information from JW headquarters, but if you do, you may be proselytized.

Re: dispute concerning religous orientation

I would suggest a permanent injunction to prevent you EX from interfering with your visitation rights. Sounds like you are normal divorced father who just wants to see his children on a normal basis. The children can exercise their judgment how to celebrate their religion and holidays.

Re: dispute concerning religous orientation

This is a thorny question. However, look to your decree for guidance. If the decree lets her give religious direction then you need to consider filing a modification. If not and injunction to prohibit her from doing what she is doing is a good idea. My main question is what do the kids want.

I would be happy to discuss this with you at 512 392 5010