Friday, May 03, 2013

Divorce Decree's Provision Allowing Mother To Take Children To Sunday School Does Not Violate Establishment Clause

In Roberts v. Roberts, (TX App., May 1, 2013), a Texas appeals court rejected a husband's claim that the divorce decree dissolving his marriage and appointing both parents as joint managing conservators of the children violated the Establishment Clause by requiring him on Sunday mornings when he had the children to allow his former wife to pick them up to take them to religious classes.  The court concluded
Just as the court has discretion to mold the decree to accommodate activities such as soccer games and music lessons if it finds them in the child’s best interest, it may accommodate a parent’s desire for the children’s religious education, provided that it does not favor one parent’s religion over another or over a preference for no religion.