When it comes to divorce, there are multiple issues that involve complex and often contentious negotiations. Parental concerns regarding child custody, visitation and parenting time often require lengthy debate. Lengthy that is, unless you are celebrities, such as Katie Holmes and Tom Cruise.
Less than two weeks after she filed for divorce, Ms. Holmes and her actor-husband have reportedly reached an agreement regarding custody of their daughter, Suri. Although no official details have been released regarding the agreement, it had been widely reported that Katie Holmes is concerned about her husband?s religious practices and initially filed divorce papers petitioning for sole custody. However, it is now being reported that Ms. Holmes will have primary physical custody of Suri, but that Mr. Cruise will have significant visitation time. According to various sources, the custodial arrangements are extremely complicated and include religion as a primary focus. Detailed stipulations regarding Suri?s care and upbringing as well as parental conduct and acceptable activities with their daughter are specifically outlined. Allegedly, these restrictions include how the subject of religion, including Scientology (Tom Cruise?s religion), can be discussed with the child.
When it comes to divorce, child custody and visitation (?parenting time?), strong emphasis is always placed on reaching an agreement that is in the best interest of the child and one in which both parents are involved in their child?s life. While religious practices may be just one of the issues that may be considered when a custody arrangement is determined, it certainly is one concern that can involve passionate and emotional negotiation.
Child Custody and Religion
With increasing numbers of interfaith marriages, religion has become a ?hot? topic in divorce court. When parents of different faiths separate, they often don?t agree on whose religion the children will follow. When parents disagree about their children?s religious upbringing, the courts have stepped in to try to resolve these disputes. There is no uniform law regarding this issue; therefore, should one parent argue that the other parent?s religion is ?not in the best interests of the child?, the court has no clear guidelines and is left with the decision of choosing whether or not limiting one parent?s First Amendment and parenting rights is, in fact, in the best interests of the child.
In New Jersey, family courts have established some guidelines involving child custody and a child?s faith development. In general, New Jersey courts have held that the primary custodian of the child will have the final say over the religion, religious practices and religious upbringing of the child. The reasoning behind this guideline is that the courts are reluctant to place children in the uncomfortable position of facing additional conflicts and pressures to choose between their parents? religions. It is important to note, however, that although New Jersey case law has consistently given the custodial parent the right to determine the child?s religion, that right is not absolute, and may be limited in certain situations.
New Jersey Family Law Attorneys Focus on Child Custody Issues
Adinolfi & Lieberman, P.A., is one of the largest New Jersey law firms focusing on family law issues, including divorce and child custody. Experienced in all areas of concern regarding child custody and a child?s life after divorce, the family law attorneys at Adinolfi & Lieberman generally agree that it is in the best interest of a child to have parents actively involved in their upbringing, except where abuse or other negative circumstances are present. The New Jersey child custody lawyers at Adinolfi and Lieberman also believe that matters involving children are best handled through negotiations rather than in court. When a mediated solution is unattainable, however, we are experienced and aggressive client advocates, seeking fair and equitable resolution of all issues, including religion.
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Source: http://safeguardfreedom.com/blog/?p=7025
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