buka said:
CP has full legal and physical custody. NCP just "found God" and got baptized on Easter and now wants to discuss child's "religious future." CP is opposed to NCP's religious choices and legally does not have to discuss the matter with CP.
Question is: What recourse does CP have if NCP tries to take child to church or attend Sunday school during weekend visitation knowing it is against CP's wishes?
Thanks.
My response:
Unless there is some sort of danger to the child, and "church" or "synagogue", or whatever, is not "in the best interests of the child," the courts will not indulge religious arguments (remember, Constitutional "separation of church and state").
Besides, what does it matter? Also, is the child being "schooled" in an alternative religion, other than Christian? Is the child even being taught religion at all ?
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]
Constitutional concerns:
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, supra, 42 Cal.App.4th at 116, 49 Cal.Rptr.2d at 345-346]
IAAL
