Can a family court dictate what religion children of a divorce will be raised or participate in?
Question Details:
My ex is threatening to take me to court if I don't agree to putting my son, 14, in a seminary/religious class. My son attends a public school that allows certain students release time during school hours to attend seminary classes. He has stated to me and his counselor that he does not want to attend seminary classes. He failed 2 classes last semester, and is taking a credit recovery class which my ex wants him to drop to take seminary instead. We have joint custody.
State laws vary at this point. At one hand, you have the parent's first amendment rights to protect. At the other hand, the court must also protect the best interest of the child. Many states follow one standard, that is, actuall and substantial harm to the child. If the court finds the religious practice does actual and substantial harm to the child, then the court must protect the kid's best interest first, even if it restricts the first amendment rights of the parents. Double check your state laws though since it may follow a different standard.
