What role should religion play in child custody determinations?
Rivera v. Tomaino, 2007 WL 4530832 (N.Y. App. Div. 3rd Dept.)
A December 27th child custody ruling in the New York Supreme Court raises questions about whether and how a court should consider religion in determining the best interests of a child in custody cases. On appeal Efren U. Rivera, a practicing Wiccan, was granted overnight visitation rights over against the objections of the child’s Catholic mother, Anna Tomaino. The court addressed the potential confusion of “the child’s faith formation,” pointing out that the father and his fiancée had agreed “to refrain from exposing the child to any ceremony connected with their religious practices.” Therefore, the court maintained, a sufficient “flexibility” should be established in the visitation schedule allowing for overnight visitation with the father while privileging the religion of the mother for the purpose of protecting the formation of the child.