The case of Joseph and Rebecca Reyes has recently raised the issue of what the court’s role is in moderating disputes between parents over their children’s religious upbringing. A Cook County judge recently ruled that Joseph Reyes could take his daughter to Catholic Mass during his visitation. However, a previous judge had entered an order preventing Mr. Reyes from taking his daughter to Mass. Mr. Reyes allegedly took his daughter to a Catholic Mass and had her baptized. He will now face contempt of court for his alleged violation of the court order.
In Virginia, it is unlikely that a court would enter an order dealing so specifically with a child’s religious upbringing. In addition to Constitutional issues raise by the First Amendment, Virginia also has a provision in its state constitution that guarantees religious freedom. A Virginia court refused to incorporate into a court order a settlement agreement requiring both parents to continue with religious instruction and attendance at religious services. Finnerty v. Finnerty, No. CH 6701, 1981 WL 180561 at *3 (Va.Cir.Ct. Oct. 16, 1981).
Legal custody incorporates the issue of religious training. Parents with joint legal custody must work together to make decisions as to what, if any religion, they will raise their children in or respect each parent’s authority to make decisions regarding religious training during his or her time with the children.
