Parents in New York and other states just want what is best for their children. While this seems like an easy task to accomplish, it sometimes means taking huge risks and making major sacrifices. Going through a divorce is anything but pleasant; however, it can be necessary to provide the proper environment for a child. While this might be the end goal, certain factors can come into play when determining the best interests of a child.
This issue is displayed in a recent decision in New York. According to reports a New York woman that left the Hasidic Jewish community recently regained custody of her children. This custody situation brings light to the problems that could occur when the courts decide child custody matter in a religious community.
This woman not only wanted to divorce her husband but also wanted to leave the ultra-Orthodox Jewish community. When leaving the community, it is often expected that family and friends will shun you. This often results in that parent fighting for their children. In this case, the mother was reportedly allowing her daughters wear pant and began calling her children by English names instead of their Hebrew names. This resulted in her ex-husband filing a suit despite rarely seeing his children in more than three years following he divorce.
The judge ruled in favor of the ex-husband, as the court found that a religious court document signed at the divorce will be upheld. This document stated that the wife would raise the children according to the Hasidic customs. The appellate court found that religion was weighed in too much during the lower court’s decision, stating that the child’s primary caregiver would have to pretend to practice a religion in order to follow the terms of the agreement.
Obtaining or maintaining sole or joint custody can be a major legal situation for divorced parents. These matters should not be taken lightly. In some cases, these matters can get very complex and emotional. Therefore, it is essential to understand what rights ou have and what can be done to protect these rights.