EVALUATING "NONTRADITIONAL" RELIGIOUS PRACTICE IN CHILD CUSTODY CASES |
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| Authors: | Carolyn R. Wah |
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| Affiliation: | Carolyn R. Wah is an attorney in the New York City area. She lectures on family law topics and has authored a variety of articles on related topics that have appeared in American Journal of Family Law, Family Law Quarterly, and International Journal of Law and Psychiatry, among others. She received her B.A. in 1972 from the State University of New York at Oswego and her J.D. in 1975 from Rutgers Law School. |
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| Abstract: | This article suggests a model for objectively evaluating "nontraditional" religious practices in child custody and visitation rights cases. The model draws a distinction between religious beliefs and religiously motivated behavior. This distinction assists the evaluator in approaching the family in an unbiased, objective, and respectful manner. Emphasis is placed on considering the religiously motivated behavior in a constitutionally sensitive procedure that simultaneously protects the fundamental rights of parents and children and the children's best interests. |
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