determined of the custody agreement
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When Helen married John, she converted from Catholicism to his religion, Judaism. Nether Helen nor John was very religious, however. To a moderate extent, their two children were raised in the Jewish faith. The couple divorced when the children were ages four and five. Because of John's job, he could not be the sole custodian of the children, Hence, he agreed that Helen receive sole custody. But he asked the court to order Helen to continue raising the children in the Jewish faith.
Under what circumstances do you think a court can grant this request, so that, in effect, John will be granted spiritual custody of the children, even though physical custody and legal custody (in all matters except religion) will be granted to Helen?
Suppose Helen returns to her original religion and starts taking the children to Catholic mass. What options does John have?
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The solution discusses what is determined from the custody agreement.
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The courts would only grant this request if a clear, affirmative showing that exposing the child to alternative religious activities would be harmful to the child. MOST courts have neglected to restrain the noncustodial parent or custodial parent to his or her religious beliefs because such interference in religious affairs is in violation of either or both of the ...
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