The Chicago Tribune provided an update to the ongoing child-rearing dispute between Joseph Reyes and (soon to be) ex-wife Rebecca Shapiro. As was widely reported by local and national press, Mr. Reyes was barred by court order from exposing his 3-year-old daughter to Catholicism because of objections from Ms. Shapiro.
Mr. Reyes, along with his Illinois family lawyer, argued that the courts have no business deciding whether one religion is more or less harmful to a child than another. He wanted to be able to take his daughter to Easter service at his Catholic parish but the most recent ruling bars him from doing so.
While it may sound outrageous on the surface, it's not a departure from established law.
The dispute is not so much an issue of religious freedom as it is a question of which parent decides the religious upbringing of their child after divorce. Earlier in March, this blog explained how Illinois law grants the custodial parent the right to "determine the child's upbringing, including but not limited to the child's education, health care and religious training."
Ms. Shapiro was granted full custody of their daughter, therefore the law is on her side with respect to which religion her daughter should be exposed to. Still, Mr. Reyes argues that the court must prove that taking his daughter to Catholic church causes harm, which is how some other states consider such cases.
Illinois family law attorney Joel Brodsky, who is representing Mr. Reyes, told the judge that the couple had agreed to raise their child in a secular home, expose her to both religions, and ultimately let her decide her own faith. He also openly questioned Ms. Shapiro's commitment to Judaism:
"She has a strong Jewish identity in Rebecca-land, but not in the real world."
Ms. Shapiro's attorney called Mr. Brodsky's comments offensive and said this case is about parenting, not religion.
Related Resources:
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Child Custody Basics (FindLaw)
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Father in Hot Water for Baptizing Daughter (FindLaw's Law & Daily Life Blog)
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Search Chicago Family Law Attorneys (FindLaw)
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