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Tuesday, April 17, 2007

Should a parent's Amish belief in no high school education determine a custody decision?

A Wisconsin Court of Appeals says no:
Gove, the mother, had legal custody of the child and Petty had regular visitations with her until 2004, when he sought sole legal custody because of differences over her further education.

The mother’s Amish faith also caused friction with the father’s attempts to do things with his daughter, court records said. For example, Gove refused to allow the teen to go to Europe with her father because the Amish faith forbid her from swearing an oath, which was required to get a passport, and from flying on an airplane, court records said....

[T]he three-judge appeals court said Amish parents cannot be penalized under state school attendance laws because doing so violated their constitutional right to practice any religion of their choosing.

“Nothing in the record justifies ordering (the girl) to enroll in high school, so nothing exists to justify changing custody and placement to facilitate such a requirement”....

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