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As a Jehovah witness do I have a right to not allow my child to celebrate holidays and birthday with the noncustodial parent

Kingston, NY |

the father is not on the birth certificate and his family want to celebrate with her

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Attorney answers 2

Posted

Without an order of a court, you can do anything you want. Hence, prudence dictates a soft approach or else you'll find yourself in court getting a judge's order. Then you'll be out of control of your child and will have no choice but to follow the order.

Good luck.

Asker

Posted

thank you...very helpful!!

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

Hold on a minute. Like Columbo, I have to hold up my arm and add something else. You may not realize our federal family law apparatus has preempted state family law. This means these days it is a snap to file a "petition" and to serve it. The federalization of family law sweeps away your authority over your child so when choosing between listening to your statements about no celebrations, it is easier for the opposing parent to simply file in a family court and get an order. This is why I say you must tread lightly with your demands. This is why you must tread lightly. The hope is that your opponent parent will stay away from court so that the child does not get exposed with how easy it is to go against both parents and chart his own course in life which will lead the child off the cliff. Good luck.

Posted

If there is no court order of visitation, you can keep the child away from the celebration. If he were to petition the court for visitation, it is unlikely that the court would bar him from celebrating the child's birthday. These are the types of things that come up when people are of different faiths. When you have a child together, there is the likelihood that the child will adopt certain rituals and beliefs from both sides. If you are truly offended by it, speak to your ex in a cordial way and stress to him that it goes against your religious beliefs and ask if he would please honor your request.

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