Can I get my children baptised and join the Catholic church without my ex-wife’s consent?

UPDATED: Sep 13, 2011

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Can I get my children baptised and join the Catholic church without my ex-wife’s consent?

Divorced with 2 children (10 and 6). We have a 50/50 shared parenting plan. My daughter has asked me several times if she can get baptised. My kids were never baptised or joined any church. Their mom and I were married in my Methodist church (she is a non-practicing Catholic) but never attended. I attend Catholic church with my second wife each week and so do kids on my weekends. Children do not attend church at all with their mother. Mother refuses to give consent, even though she has no plans to join a church. Can I get them baptised anyways? PS Classes are on my days so it wouldn’t interfere with her days.

Asked on September 13, 2011 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I truly am sympathetic to your plight here and personally support the idea for yo and the cildren, I think that you would be inviolation of your parenting plan with your ex wife and her right to make this decision long with you for the benefit  - or not a she shees it - of the children.  And I could see her hauling you back in to court in violation of the agreement and I think that you could ideed be held acountable by a judge.  I do think that your older daughter is approaching an age where the court would take her wants i to consideration should they be articulated in a logical and intelligent way.  But I think that you would have to ask the court's permission here.  Good luck.

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