6/9/05 Court: Faith choice right of primary guardian

Court: Faith choice right of primary guardian

Published in the Asbury Park Press 06/9/05
THE ASSOCIATED PRESS

TRENTON — A primary guardian should choose a child's religious upbringing, a state appeals panel ruled Wednesday in siding with a divorced, Jewish father who did not want his children to attend classes concerning his ex-wife's Catholic faith.

The ruling, which overturns a lower-court decision, gives Howard Feldman the sole authority to determine the religious schooling of his three children.

Bridget Howell had wanted their children to attend Catholic classes while they visited her, but the court said that was not her decision to make since he took primary custody of the children in 2001.

"It is implicit in protecting the primary caretaker's right to raise and educate his children in his chosen religion to prevent others from simultaneously educating the same children in an alternate religion," the decision states.

The religious spat between the parents began in September 2002 when Howell asked the court to order that her children attend Catholic education classes. A lower court judge agreed, and said Howell could enroll the one son old enough for schooling in such classes during her visitations on weekdays. She instead enrolled him on Sundays, despite her ex-husband having custody on every other weekend.

The court did rule that the children could celebrate Howell's religious holidays and attend church with her during their visits.