yessy said:
What is the name of your state? CA
Do I, as the non custodial parent, have any rights in taking my children to a different religion's church? I was from religion x but now I am learning and enjoying a new religion. I was told by my children's mother that I was not allowed to take them to a different church because they were from religion x. She told me it was against the law for me to do that against her will. Shouldn't I have a right in exposing my children to what I now believe in and what I want to share with them? It's not like I'm teaching them or exposing them to something bad or dangerous. I'm not forcing them they want to go willingly.What rights do I have if any?
Thanks in advance.
My response:
Courts cannot base a custody (or visitation) decision on a parent's religious practices or beliefs absent a clear showing the religious practices are detrimental to the child. [Marriage of Murga (1980) 103 Cal.App.3d 498, 505, 163 Cal.Rptr. 79, 82; Marriage of Urband (1977) 68 Cal.App.3d 796, 797-798, 137 Cal.Rptr. 433, 433-434; see Marriage of Weiss (1996) 42 Cal.App.4th 106, 111-113, 49 Cal.Rptr.2d 339, 342-344--parent may not be enjoined from involving child in parent's religious activities absent clear showing of harm to child; Marriage of Mentry (1983) 142 Cal.App.3d 260, 266, 190 Cal.Rptr. 843, 847 (same); see also Miller v. Hedrick (1958) 158 Cal.App.2d 281, 322 P.2d 231, 233--noncustodial parent could not, during visitation, require child to adhere to religious practices in conflict with those being taught by custodial parent]
Trial courts are quite leery of venturing into religious issues in deciding custody/visitation cases because such action could raise serious First Amendment concerns (free exercise of religion). [See generally, Marriage of Weiss 42 Cal.App.4th at 116, 49 Cal.Rptr.2d at 345-346]
Even where a parent has evidence from teachers, clergy, mental health and medical experts, etc. that exposure to inconsistent religious practices may be causing the children physical or emotional harm (somatic symptoms, behavioral or academic problems, etc.), the likelihood a court will issue an order restricting religious activities or exposure will probably be a longshot. [See generally, Elk Grove Unified School Dist. v. Newdow (2004) 542 U.S. 1, , 124 S.Ct. 2301, 2304--"California cases simply do not stand for the proposition that (father) has a right to dictate to others what they may and may not say to his child respecting religion"
Visitation rights cannot be restricted solely on the basis of a parent's "unconventional lifestyle," the parties' "opposing moral positions" or the "outright condemnation of one parent's beliefs by the other parent's religion" . . . unless there is evidence these factors are detrimental to the child.
IAAL
