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Appellate Court Upholds Refusal To Order Divorced Father To Take Childern To Church

By Howard M. Friedman

In Finnerty v. Cutter, (IN Ct. App., Nov. 30, 2009), an Indiana appellate court rejected a divorced mother's claim that a trial court had abused its discretion in failing to order her former husband to take their children to church on Sundays during his parenting time. The parents had joint custody, with the mother being the primary residential custodian. Originally the father's week end parenting time ended Sunday afternoon. This allowed the mother to take the children to Catholic mass in the evening. The father petitioned for a modification that would allow him to take the children to dinner on Sundays with extended family. In giving the father longer parenting time on alternative weekends, the trial court ruled that church attendance during the father's parenting time was his prerogative. However it recommended (but did not require) that the children continue to attend church if it has been their practice to do so in the past.

Full post as published by Religion Clause on December 02, 2009 (boomark / email).