Addressing Disagreements Over Religious Upbringing In Fort Lauderdale Parenting Plans
In your own home and among your family or friends, religion may play a central role in your day-to-day life and activities. Unfortunately, problems can arise if you have children and the other parent is not on board with your beliefs.
This is a particularly thorny issue among divorced and unmarried parents. Our Fort Lauderdale child time-sharing lawyer explains how to address it when creating a Florida parenting plan.
The Court Has No Say In Religious Matters
Under the Florida Statutes, child time-sharing arrangements are generally encouraged in cases of divorce or when dealing with unmarried parents. Parenting plans help to ensure both parties continue to play an active role in the child’s life.
While the court considers numerous factors surrounding the case before issuing a final child time-sharing order, religious preferences are not among them. Thomas Jefferson coined the phrase, ‘separation of church and state’ during the drafting of the First Amendment to the U.S. Constitution. It protects freedom of religion and prevents the courts or other government entities from getting involved in your most private and personal affairs.
In the case of Abbo v. Briskin, the Florida Appeals Court affirmed the fact that a child’s religion is not the business of the family court or judges. However, this can create problems with child time-sharing arrangements. If the parents have conflicting views, it can be a constant source of contention. While the court is unable to issue a direct order, religious upbringing can be addressed as part of your parenting plan.
Legal Authority In Making Important Decisions About Your Child’s Upbringing
Family courts typically shy away from matters pertaining to religious upbringing or other ways in which your child is raised. However, it is possible to address this issue when creating a Florida parenting plan.
Parenting plans dictate the amount of time your child spends in each parent’s home during the week, rights regarding weekends and extended stays, as well as schedules for holidays, school breaks, and other special occasions. Your parenting plan can also specify which parent has the legal authority to make important decisions on the child’s behalf. This includes:
- Their education;
- Their healthcare;
- The types of extracurricular activities they engage in;
- Their religious upbringing.
By including legal authority in decision-making as part of your parenting plan, you have greater control over your child’s religious upbringing and the types of religious activities they engage in.
Contact Our Fort Lauderdale Child Time-Sharing Lawyer And Request A Consultation
Religion can be a sensitive subject and is a common source of contention between parents. To discuss how it can be included as part of a parenting plan, request a consultation with Fort Lauderdale divorce lawyer Vanessa L. Prieto. For trusted legal guidance, call or contact us online today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
archives.gov/founding-docs/constitution-transcript
casetext.com/case/abbo-v-briskin
flcourts.gov/content/download/686031/file_pdf/995a.pdf
