Regarding religious conflicts Indiana

[cyjeff]

Such as extra time through the week or keeping them later but he is just being difficult? That is the situation here. I have offered solution after solution and he is not going to agree to anything...

Wait a minute....

I thought the ex was voluntarily giving up custody of the children to your current husband?

[demartian]

Ok, I went back and read that too. Sounds like he decided not to go along with it.

[cyjeff]

In Johns v. Johns, 53 Ark. App. 90, 918 S.W. 2d 728 (1996), an Arkansas court deferred to the custodial parent's wishes. In this case, the father complained that the mother, who had legal and physical custody of the children, was preventing him from visiting with his kids. The mother said she was refusing visits because he didn't take the kids to church and Sunday school. The trial court ordered Mr. Johns to bring the kids to church. The father appealed. The appellate court agreed with the trial court, holding that because the mother was the custodial parent, her desire that the kids attend church each week was paramount.

If you had quoted the REST of that website (www.nolo.com), you would have seen that the issue isn't quite as black and white....

Zummo v. Zummo: Joint legal custody equals two religions
In Zummo v. Zummo, 394 Pa. Super. 30, 574 A.2d 1130 (1990), the divorcing couple's dispute about the religious upbringing of their children was resolved by ordering the father to take the children to Jewish services (the mother's religion) and also allowing him to bring the children to Catholic services (his religion). The court believed that, because the couple shared joint legal custody, they each had the right to instill religious beliefs in their kids.

Or, in your case, no religion at all.

[tcell99]

Before jumping back into court, might I suggest some sort of mediation? You might be able to resolve this without expensive court costs. Even if he is intentionally trying to be difficult, he might be able to see the cost benefit of not going back to court.

Also, check your Joint Parenting agreement. There should be a section that deals with Dispute Resolution. Mediation might be a requirement there. You might be able to use that to force him into mediation. There should also be some sort of final decision power granted to one or the other. Usually it is the custodial parent. You will still not be able to force him to take the kids to church during his visitation, but again it might be a tool to use to get him to compromise or attend mediation.

[milspecgirl]

i do not go to church- my ex is a southern baptist. he was not when we were together (new wife thing). when he has my children they are in church all of the time(yes, they enjoy going when they are with him cause of their friends)- learning things I do not agree with and that he did not agree with when we were together. I actively go against the things they are learning in their church when they are with me. When they are old enough (and they are 13 and 10) they can can decide for themselves- I expose them to my beliefs and he to his beliefs. I would absolutely GO NUTS if he thought for even 1 minute he could come get them on MY time and teach them things I don't agree with. If that was the case, I would go to his house and keep them out of church on his days.
You have no right to say they have to go someplace on his time unless you are willing to allow him the same exact right

sorry- religion is a touchy subject to me, especially when 1 parent tries to force their beliefs

[demartian]

My whole family has multiple beliefs, I attended 3 different churches as a child. Sometimes on the same Sunday even though my father was against organized religion. He was very christian, but against following a herd.

When I got older, it was clear to me what was more aligned with my own beliefs.

Your children will just soak it all in and end up doing their own thing when they grow up anyway. All you can do is feed them the best information you can and hope for the best.

[mommyof4]

Okay, you are the same woman that was outraged that he was allowing them to be 'subjected' to Wicca, correct? Well the same answer applies that you were given before.

He gets to do what he wants on HIS TIME. If that means that he takes them to worship at the Church of God's Green Acres (aka: the golf course for a spiritual round of 18 holes) then that's what he gets to do. You don't get to disrupt his time for anything, not even when you are trying to use your faith as an excuse to get your way. If he doesn't want them to go to church on his weekends, then I suggest you teach your kids that they don't have to be physically present in the church to practice their faith/religion.

Christianity is much more than being sure you and your kids are in their pews in time for the morning service every weekend. Christianity is NOT about using your faith to force your ex to comply with YOUR wishes. I'm pretty sure that Jesus wants the kids to spend time with their father, too.

Ahhh...there....ask yourself....What would Jesus do? Last I checked, he didn't go to church in a building every Sunday morning, either. He practiced his faith every breathing moment of his life.

[Ohiogal]

I just did some of my own research that says that in a disagreement in a custody situation like ours, I do have final say on religion and such. I noticed that your posts indicate that you are not and have never been an attorney. No offense but I came here for real legal advice. Thanks anyway!

Guess what YOU CANNOT dictate what he does on his time. You can decide that the children are raised Christian on your time but NOT on his. Nor cna you state that he has to allow them to go to church during his weekends. Do you want to argue MY qualifications? If you try to force the issue I assure you I am correct and you are wrong.

[Baystategirl]

In Johns v. Johns, 53 Ark. App. 90, 918 S.W. 2d 728 (1996), an Arkansas court deferred to the custodial parent's wishes. In this case, the father complained that the mother, who had legal and physical custody of the children, was preventing him from visiting with his kids. The mother said she was refusing visits because he didn't take the kids to church and Sunday school. The trial court ordered Mr. Johns to bring the kids to church. The father appealed. The appellate court agreed with the trial court, holding that because the mother was the custodial parent, her desire that the kids attend church each week was paramount.

Hey Jen...Hate to break it to you...but you're not in Arkansas anymore...

If you want to look up case law to support your case it will have to be CURRENT and for your actual state.

[mommyof4]

Even in cases where one parent has been granted the right to determine sole religion (which are very far and few between) YOU would not meet the qualifications and that right would STILL not grant one parent the right to curtail or interupt visitation in persuit of religious activities. You have JOINT custody. That means that DAD has just as much right to determine the child's religious instruction as you do. Therefore, if you think a court will order him to comply with your attempt at manipulation, expect the court to grant him the same rights.

My ex and I have a typical joint custody arrangement.