Legal theories can butt up against one another, creating serious headaches for the court. In one such case, a parent’s right to raise their children in a religion butted up against the “best interests of the children.” The Indiana courts are required to consider the best interests of the children when making decisions concerning child custody. However, the courts must uphold the Constitution as well, and the Constitution requires courts to consider the religious freedom of the parents during a custody dispute. 

In one case, Bardonner v. Bardonner, which was heard by the Indiana Court of Appeals, concerned child custody, parental rights, and religious upbringing. The case involved a post-divorce custody dispute in which the mother held legal custody and sought to limit the father’s ability to involve their child in his church activities. 

Background of the case

Initially, the trial court prohibited the father from taking the child to church services at his specific church. The child was permitted to participate in social activities only if church teachings were not the central focus. The wife argued that the father violated these restrictions, leading to an order that barred the child from attending any events at the father’s church. 

The father appealed the decision on the grounds that it violated his First Amendment right to raise his child in the religion of his choosing. However, the Indiana Court of Appeals affirmed the lower court’s ruling. 

According to the court, while the father had the right to practice his own religion, that right did not extend to involving the child in religious services against the custodial parent’s wishes. The court emphasized that the order did not restrict the father from attending church himself. Instead, the court found that the mother, as the custodial parent, had sole custody and thus had the authority to bring the child up according to her own values. The father, who did not have legal custody of the child but did have visitation rights, did not have the authority to force his religion on the child. 

What is legal custody?

Legal custody implies the right to make decisions on your child’s behalf. This includes decisions related to their education, healthcare, and religious upbringing. If one parent has legal custody of the child while the other parent does not, the parent with legal custody alone has the authority to make these decisions on behalf of the child. In this case, the court found that the mother had the ultimate authority to make decisions on the child’s behalf and, as the custodial parent, could restrict the child from attending church ceremonies. The father would have had to demonstrate that the mother was placing the child in immediate danger to countermand the mother’s wishes. 

Talk to a Danville, IN, Divorce Lawyer Today

Chris Arrington represents the interests of Indiana parents during custody disputes. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.