Child Custody and Religion

Percentage Cost Allocation of Bar/Bat Mitzvah

The parties acknowledge their understanding that their child, [name], will have [his/her] bar/bat mitzvah in the next _ years. The parties agree to each be responsible for all costs of the bar/bat mitzvah, including, without limitation, temple and reception costs, invitations, band, etc., [_%] by husband, [_%] by wife.

4. What is a summary of major New Jersey case law with regard to custody and religion?

a. Asch v. Asch, 164 N.J. Super. 499 (App. Div. 1978).

In this post judgment action, the father made an application to the court to compel his former wife to enroll the young daughter into a public school. The father and daughter were Jewish, and the mother converted to Judaism prior to getting married. The father sought to prevent the mother’s from enrolling the daughter into a Catholic school.

The trial court ordered that the child could attend the parochial school. However, the court ruled that the child could not receive any religious instruction while attending the Catholic school. The father contended that despite the provision in the trial court order that the child “shall not receive religious instruction,” her attendance at a Catholic parochial school would nevertheless expose her to environmental influences inconsistent with the Jewish religion that he maintained was chosen for her by her parents.

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