Many of you may be familiar with the recent divorce
of Katie Holmes and Tom Cruise. This is
a very interesting case for a number of reasons – the speed with which the case
was resolved as well as the recent talk that Katie has converted back to
Catholicism (from her former religion of Scientology) and enrolled as a
parishioner of a Catholic church in Manhattan.
Why is this issue so talked about since the couple
has separated? It stems from the fact that Katie requested in the divorce
settlement that she receive sole legal custody of her daughter, Suri.
There are two forms of custody, legal and physical
custody. Joint legal custody refers to the responsibility and authority of
parents to consult the other with respect to making major decisions concerning
the children’s upbringing, including, but not necessarily limited to, their
education, healthcare, and religious training.
When a parent is awarded sole legal custody they may make such decisions
without consulting the other parent.
Therefore, an award of sole legal custody to Katie means that she has
the authority to determine the religion Suri practices. Further, there are reports that the terms of
the Settlement Agreement specifically prohibit Suri’s involvement with the
practice of Scientology.
As you may know, family law issues vary from state
to state. In Indiana, a custodial parent granted sole legal custody has the
authority to determine the child’s upbringing. In order to limit such
authority, the noncustodial parent must show that without any limitations
placed on the custodian’s authority over the child, the child would be harmed
in some manner. Specifically, it must be shown that the custodian’s authority
would endanger the child’s physical health or that the child’s emotional
development would be significantly impaired.
Therefore, were the parties to this case to appear in front of an
Indiana Court on the issue of religious upbringing after the entry of their
Decree of Dissolution, it would be Cruise’s burden to show that Suri’s physical
health was endangered or her emotional development was impaired by the practice
of Catholicism (should Katie choose to have the child practice such) and, thus,
should not be allowed.
For a discussion on the TomKat proceeding and other
issues which arise when the religious upbringing of a child is contested in a family
law case, visit the following link:
Obviously, the choice of what religion an individual
practices is a very personal choice. If
you are going through a divorce and believe you may experience similar issues
with respect to the religious upbringing of your child in the future, you would
be well advised to obtain counsel. One amicable
resolution to the issue which you may consider is to allow the child to
practice the faith of each parent until the child is old enough to decide the
matter for himself/herself.
At Hollingsworth & Zivitz, P.C., our team has
the experience, the understanding, and the compassion to assist with your
family law needs. If you have questions or concerns regarding divorce, custody,
support, or any other family law concerns contact our firm at 317.569.2200 or
hzlegal.com
As you may know, family law issues vary from state
to state. In Indiana, a custodial parent granted sole legal custody has the
authority to determine the child’s upbringing. In order to limit such
authority, the noncustodial parent must show that without any limitations
placed on the custodian’s authority over the child, the child would be harmed
in some manner. Specifically, it must be shown that the custodian’s authority
would endanger the child’s physical health or that the child’s emotional
development would be significantly impaired.
Therefore, were the parties to this case to appear in front of an
Indiana Court on the issue of religious upbringing after the entry of their
Decree of Dissolution, it would be Cruise’s burden to show that Suri’s physical
health was endangered or her emotional development was impaired by the practice
of Catholicism (should Katie choose to have the child practice such) and, thus,
should not be allowed. 
