Indiana Paternity, Visitation and Religion

Let us go back to 2004 and Matter of Paternity A.G.R wherein the mother requested and got restrictions on on father's visitation based on the mother's right to control the child's religous upbringing.

IC 31-14-14-1 provides that a non-custodial parent is entitled to reasonable parenting time unless the court finds, after a hearing, that parenting time might endanger the child's physical health and well-being or significantly impair the child's emotional development. However, Father has not been denied parenting time with A.G.R. Rather, he has been ordered to avoid activities that conflict with A.G.R.'s religious beliefs. The custodial parent enjoys the right to determine the religious training of his or her minor children. In re Paternity of K.R.H., 784 N.E.2d 985, 993 (Ind.Ct.App.2003); Overman v. Overman, 497 N.E.2d 618, 619 (Ind.Ct.App.1986), trans. denied (1987). A non-custodial parent may not impose that parent's own religious views on the child, and the custodial parent's right to choose religious training is paramount so long as the training does not unreasonably interfere with the non-custodial parent's right to parenting time. Periquet-Febres v. Febres, 659 N.E.2d 602, 606 (Ind.Ct.App.1995), trans. denied (1996); Johnson v. Nation, 615 N.E.2d 141, 145-46 (Ind.Ct.App.1993); Overman, 497 N.E.2d at 619. For instance, as long as the interference is reasonable, the non-custodial parent can be required to transport the child to religious events. Periquet-Febres, 659 N.E.2d at 606. However, when such interferences are unreasonable or when the custodial parent is using religion to interfere with the noncustodial parent's parenting time, the court will not alter the parenting time schedule. Id. We have explained that the custodial parent's right to determine the child's religious training can be limited only upon motion of the non-custodial parent demonstrating that the child's physical health or emotional development would be significantly impaired unless the custodial parent's rights were limited. Overman, 497 N.E.2d at 619..,

I added the emphases above to show the rules applied by the Court of Appeals. Pay attention to how the court sets out the custodial parent's rights and also the limits on those rights.

I think there is a contradiction in this sentence that requires removing the "not" "[h]owever, when such interferences are unreasonable or when the custodial parent is using rel[gion to interfere with the noncustodial parent's parenting time, the court will not alter the parenting time schedule."

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