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In Feldman v. Feldman, an interesting new unreported (not precedential) opinion from the Appellate Division, the Court addressed the issue of a child’s religious education, and whether the parties had already settled the extent of such education in their previously entered custody and parenting time agreement.  It is only coincidental that the parties here share the last name Feldman, since it was an earlier reported Appellate Division decision of the same name holding that the Parent of Primary Residence – defined as providing a residence for a child for more than 50% of overnights annually (or, if sharing is equal, providing the residence for the child while the child is attending school) has the right to determine the child’s religious upbringing and education. 

Here, the parties were divorced in 2005, coming to terms on a custody and parenting time agreement that provided Mom with the ability to make "all decisions regarding the child," (except when the child was in his care) and that she would "give advance notice" to Dad as to major decisions so as to give him enough time to voice any objection or file a motion in court.  The parties also acknowledged in a separate provision that the child attended Jewish day school and that she would continue to do so.  To that end, the parties also agreed to cooperate with the school in providing all financial information so as not to impact enrollment.  Separately, the trial court appointed a parenting coordinator to assist the parties with issues regarding the child. Continue Reading A CHILD'S RELIGIOUS SCHOOLING – A MATTER OF INTERPRETATION OR SOMETHING MORE?