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Religion & Law

: Religion Clause

Dissolution Decree Lets Father Take Daughter To Church During Visitation Times

By Howard M. Friedman

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In a widely-followed divorce case, a Chicago trial judge yesterday as part of an opinion dissolving the marriage of Robert and Rebecca Reyes ruled that Robert can take their 3-year old daughter Ela to Catholic church services despite the objection of Rebecca. As reported by the Chicago Sun-Times, Robert converted to Judaism after Ela was born and the couple had agreed to raise Ela in the Jewish faith. However, after their separation, Robert returned to his original Catholic faith, claiming he had been pressured by his in-laws to convert. While dissolution proceedings were pending, Robert had Ela baptised, and in response Rebecca obtained a restraining order directing Joseph to only expose Ela to Judaism. All of this became the subject of much media coverage, largely instigated by Joseph. (See prior posting.)

In a 30-page dissolution judgment (full text), Cook County Circuit Court Judge Rene Goldfarb, focusing on the best interests of Ela, ruled that Rebecca would be given custody, but that Joseph will have visitation rights (including Christmas and Easter each year), and can take Ela to church during those times. In its opinion, the court said that Rebecca feared possible future confusion and harm if Ela was taken to church by her father. While the judge was highly critical of some of Joseph's behavior, she said no evidence was presented that taking the 3-year old to church is or would be harmful to her.

Full post as published by Religion Clause on April 14, 2010 (boomark / email).

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