Yes there is freedom of religion, but not until you are 18 years old. Child Custody Agreements which specify a child’s religious upbringing, schooling and other particulars generally do stand up in New York Courts. Therefore it is best to be careful about what you agree to in writing regarding the upbringing of your child. However failing to be specific enough may lead to further litigation.
Where the two parties differ in how religious they want the child’s upbringing to be, there may be court litigation. Where the mother claimed that the parties were never that religious and where more secular in their faith, but the father claimed that the child’s upbringing would be damaged if the child was not put into a religious school, the court allowed an order where the child’s placement in a religious school was granted on a temporary basis while the parties litigated the issue.
Modification of an existing court-sanctioned custody or visitation arrangement is permissible only upon a showing that there has been a change in circumstances such that a modification is necessary to ensure the continued best interests and welfare of the children. The burden of proof is on the party bringing the action for modification.
If you are seeking to enforce the terms of a custody agreement or to modify it, contact Diana Mohyi Attorney at Law to provide you guidance on the issues.