Brief Fact Summary. At a custody proceeding a mother was ordered to not interfere in the development of her child’s Jewish religious training or upbringing based on an oral agreement between her and her husband prior to marriage.
Synopsis of Rule of Law. The First Amendment prohibits the law from enforcing an unwritten agreement to raise a child in a certain faith, especially when it revolves around a good faith change in religious conscience.
When the matter involves the religious training and beliefs of the child, we do not agree that the court may make a decision in favor of a specific religion over the objection of the other parent.View Full Point of Law