Preference for religious stability vs. parent’s desire to leave religious group
August 14 at 6:26 PM
By Eugene Volokh
From yesterday’s New York appellate decision in In re Gribeluk v. Gribeluk (N.Y. Super. Ct. App. Div. Aug. 14, 2014):
… (T)he mother appeals from an order of the Family Court, … which … granted the father’s petition for custody of the parties’ children, with certain visitation to (the mother).
ORDERED that the order is affirmed ….
When making a decision in custody matters, the primary concern is the best interests of the child. Custody determinations … are entitled to great deference and should not be disturbed unless they lack a sound and substantial basis in the record.
The courts may consider religion as one of the factors in determining the best interests of a child, but religion alone may not be the determinative factor. New York courts will consider religion in a custody dispute when a child has developed actual religious ties to a specific religion and those needs can be served better by one parent than the other.
Here, contrary to the mother’s contentions, the Family Court did not rely solely on religion and the mother’s decision to leave the Hasidic Jewish community in making the determination to award the father custody of the parties’ children. The Family Court expressly stated that it passed no judgment on either parent’s religious beliefs and practices. The children’s need for stability, and the potential impact of uprooting them from the only lifestyle which they have known, are important factors in making a custody determination.
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/14/preference-for-religious-stability-vs-parents-desire-to-leave-religious-group/
http://caselaw.findlaw.com/ny-supreme-court/1675363.html