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Appeals Court Sets Guidelines In Multi-Religion Divorce Cases |
DENVER -- Divorced parents who lose the right to make decisions about their children's religious upbringing still have the right to educate them about the parent's religion, as long as the children don't suffer emotionally or physically, the Colorado Court of Appeals said Thursday.
A three-judge panel overturned part of a Douglas County district judge's orders in a divorce case, saying it was the first time a Colorado court had been asked to consider the issue.
Rebekah and Joseph McSoud had one child, a boy who is now 7 years old, before she sought a divorce in 2001. After a January 2004 hearing, the judge gave Joseph McSoud sole responsibility to make decisions regarding the boy's religious upbringing, but said the parents would share decision-making responsibilities for other issues.
The boy was baptized Catholic, and his father wanted to raise him in that religion, the ruling said. Rebekah McSoud, who is Protestant, appealed the orders, saying provisions limiting her practice of her religion and her influence on the boy's religious upbringing were unconstitutional.
The appeals court agreed that her rights had been violated by part of the orders, but said Douglas County District Judge Richard Turelli would have to take the case back to gather more information and then reconsider other portions.
The ruling provides attorneys valuable guidance in child-custody cases involving religion, an issue that appears to have become more prevalent in recent years, said Denver attorney Gina Weitzenkorn.
"We all know we have a constitutional right to practice whatever religion we want," she said. "I think what this case would say is (the state) can't infringe on that without a showing of harm to the child."
The appeals court overturned a provision of the judge's orders that restricted Rebekah McSoud's right to take the boy to her church unless she agreed to allow him to participate in Catholic activities during her parenting time.
There was no evidence that the child would suffer physical or emotional harm if his mother brought him to her church, the court said. Without such evidence, the state cannot restrict her practice of her religion or her influence on the boy's religious education, the appeals court ruled.
"The issue has come up a time or two in the past in Colorado where a judge would admonish a parent that they were not to expose a child to teachings that were deemed detrimental to the child," said Joseph McSoud's attorney, Kathleen Hogan. "What they're saying is `We don't need evidence of harm to make the call between two warring parents, but we do need evidence of harm to say to mom, even though you're not the sole decision-maker, you can't take the child to your church on your parenting time."'
Rebekah McSoud's attorney, Steven Epstein, did not immediately return a call.
Among the issues to be reconsidered by the lower court was an order that the boy not be given "mixed messages" on religion. The appeals court said the term was not defined and had to be clarified.
The appeals court also called for clarification on a provision requiring Rebekah McSoud to take the child to Catholic activities during her parenting time. Her religious freedom would be violated if she were required to accompany the child to those activities, but there might be no problem if she simply needed to arrange transportation or if the activities could be rescheduled, the appeals court ruled.
7:38:49 AM 
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