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INABILITY TO AGREE ON CHILD’S RELIGIOUS TRAINING CONSTITUTED A CHANGE IN CIRCUMSTANCES WARRANTING THE AWARD OF SOLE CUSTODY TO MOTHER (SECOND DEPT).

The Second Department determined the parents’ inability to agree on the child’s religious training, together with the father’s threat to take to child to Morocco if she were not raised as a “true Muslim,” warranted awarding sole custody to mother:

” In order to modify an existing custody arrangement, there must be a showing of a subsequent change of circumstances so that modification is required to protect the best interests of the child'”… . Here, the parties’ inability to agree on the child’s religious training, which was an issue that had not been addressed in the parties’ July 2009 stipulation of settlement, constituted a change in circumstances. The change in the child’s relationship with the father based on the child’s fear of his displeasure if she were not a “true Muslim,” and her belief that he threatened to abscond with her to Morocco, also contributed to the change in circumstances warranting modification … . …

The evidence established that the only issue on which the parents disagreed was the religion in which the child should be raised and to what degree she should be expected to observe the tenets of each parent’s religion. The award to the mother of sole decision-making authority with respect to religion is in the child’s best interests, and the award of parenting time to each parent on his or her respective religious holidays will continue to allow the child to be exposed to both parents’ religions … . Matter of Baalla v Baalla, 2018 NY Slip Op 01050, Second Dept 2-14-18

FAMILY LAW (CUSTODY, INABILITY TO AGREE ON CHILD’S RELIGIOUS TRAINING CONSTITUTED A CHANGE IN CIRCUMSTANCES WARRANTING THE AWARD OF SOLE CUSTODY TO MOTHER (SECOND DEPT))/CUSTODY (FAMILY LAW, INABILITY TO AGREE ON CHILD’S RELIGIOUS TRAINING CONSTITUTED A CHANGE IN CIRCUMSTANCES WARRANTING THE AWARD OF SOLE CUSTODY TO MOTHER (SECOND DEPT))/RELIGION (FAMILY LAW, CUSTODY, INABILITY TO AGREE ON CHILD’S RELIGIOUS TRAINING CONSTITUTED A CHANGE IN CIRCUMSTANCES WARRANTING THE AWARD OF SOLE CUSTODY TO MOTHER (SECOND DEPT))

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