When divorced parents of children do not practice the same religion, adjudicating issues regarding religious practice is extremely difficult. Due to the First Amendment of the United States Constitution, the Florida Courts have long held that decisions regarding the child’s religion or the parents’ religious practices must be left to the parents, not the Court, absent a clear showing of “harm”, “risk” or “detriment” to the child.
Recently, in the case of Ian A. Pierson v. Jennifer L. Pierson, 2014 WL 4056645, Florida’s First District Court of Appeal held that the Trial Court erred, when it entered an Order prohibiting the Father from practicing his religion in the presence of the children and exposing them to his religion, which was different that the chosen religion of the Mother. More specifically, the First District Court found that the Trial Court abused its discretion by entering this ruling, as no evidence was presented that proved that the practice of the Father’s religion actually harmed the children or that the children were placed in a situation of “substantial risk”. There are several cases that support this position, including the United State Supreme Court case of Wisconsin v. Yoder, 406 U.S. 205, 233 (1972). The ruling in this case clearly states “a child’s religion must be left to the parents, even if they clash”. Thus, unless your spouse’s religious practices creates a proven situation of harm or risk to the children, the Court will not intervene, in favor of upholding the long held policy of freedom of religion.
Keeping an eye on the recent decisions from the Florida’s courts ensures that legal counsel is aware of the trends and changes and the effects it may have on your case is important. The hiring of competent legal counsel is crucial when it comes to your case and the factors involved. The expert family law attorneys at Sidweber and Weintraub, P.A. are specialists in dealing with family law issues, and they can advise you on what specific relief can be considered and requested in your case.
For more information on issues pertaining to Florida family law, divorce, property distribution, child support, timesharing/custody and alimony cases, in Miami-Dade, Broward and Palm Beach, please call a Board Certified Attorney at Sidweber and Weintraub, P.A., for a consultation.