Can he take her?

[needdivorce]

What is the name of your state (only U.S. law)? GA

My daughter is 12. Her dad and I have been divorced since Jan 2006. I am a single, disabled mom with an 18 y/o (who does work to help with bills) and a 12 y/o. Her dad just recently got married. New wife is an atheist. Together, they have decided that they don't want our daughter in church. Ever. He said if I take her back to church he will take her from me. My family are members at a small Baptist church, where my uncle is pastor. She was baptized into membership approximately 2 years ago. Can he really just decide that our child can't go to church anymore, even on my time. She loves the youth group and trips there.

We have joint legal custody. I have primary physical. He gets her every other weekend, two weeks in summer, alternating holidays. We share joint decision making and I have final say if there is a disagreement.

She does not go to church on the Sunday mornings he has her but she does go Sunday nights and Wednesday nights.

 

[LdiJ]

What is the name of your state (only U.S. law)? GA

My daughter is 12. Her dad and I have been divorced since Jan 2006. I am a single, disabled mom with an 18 y/o (who does work to help with bills) and a 12 y/o. Her dad just recently got married. New wife is an atheist. Together, they have decided that they don't want our daughter in church. Ever. He said if I take her back to church he will take her from me. My family are members at a small Baptist church, where my uncle is pastor. She was baptized into membership approximately 2 years ago. Can he really just decide that our child can't go to church anymore, even on my time. She loves the youth group and trips there.

We have joint legal custody. I have primary physical. He gets her every other weekend, two weeks in summer, alternating holidays. We share joint decision making and I have final say if there is a disagreement.

She does not go to church on the Sunday mornings he has her but she does go Sunday nights and Wednesday nights.

No, he CANNOT do that...flat out cannot do that. He is completely blowing smoke. In the first place, since she has been a churchgoer all her life (or at least for some years) that would be a "change" and he does not have the right to demand such a change. In the second place, you have final say if there is a disagreement so that takes the wind completely out of his sails.

Now, the only exception to that would be if he could somehow prove that there was something about your particular church that would make it harmful to a child...and it would basically have to be some kind of new development in your church. I only mention that because your church is small, and there are sometimes some odd quirks in small churches that could possibly be viewed in a negative light. I doubt that is relevant here, but it needs to be mentioned. However, he would have to prove that, with hard evidence, in court.