Under what circumstances do you think a court can grant this request, so that, in effect, John will be granted spiritual custody of the children even though physical custody and legal custody (in all matters except religion) will be granted to Helen?

When Helen married John, she converted from Catholicism to his religion, Judaism. Neither Helen nor John was a very religious person, however. To a moderate extent, their two children were raised in the Jewish faith. The couple divorced when the children were ages four and five. Because of John’s job, he could not be the sole custodian of the children. Hence he agreed that Helen receive sole custody. But he asked the court to order Helen to continue raising the children in the Jewish faith.

a. Under what circumstances do you think a court can grant this request, so that, in effect, John will be granted spiritual custody of the children even though physical custody and legal custody (in all matters except religion) will be granted to Helen?

b. Suppose that Helen returns to her original religion and starts taking the children to Catholic mass. What options does John have in your state?

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