Rivera v. Tomaino, 2007 WL 4530832 (N.Y. App. Div. 3rd Dept.), No.
2007501213, reverses a family court's order denying overnight visitation, but
states:
"Specifically, nothing in the record establishes any unusual lifestyle or
beliefs on the part of the father and his fiancée which would justify
prohibiting overnight visitation; also, they readily agreed to refrain from
exposing the child to any ceremony connected to their religious practices.
"Providing the flexibility necessary to permit the child to attend church and
other religious events with the mother, as well as protections against her
exposure to any aspect of the lifestyle of the father and his fiancée which
could confuse the child's faith formation, can be accomplished by an order for
overnight visitation, which includes reasonable conditions set by Family Court.
Accordingly, we remit the matter to Family Court for further updated
fact-finding, if necessary, and the fashioning of an appropriate order
providing for overnight visitation."
Is it constitutionally permissible for a family court to restrict a
parent's exposing a child to the parent's religious practices, simply because
of a concern that such exposure "could confuse the child's faith formation"?
Eugene
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