An agnostic dad is appealing a child custody decision based on religion. Craig Scarberry of Indiana lost joint custody of his three children based on court evidence that Scarberry, once a Christian, had become agnostic.
Fox News is reporting that Scarberry is now appealing the questionable ruling.
Madison County Superior Court 3 Commissioner George C. Pancol issued an order that gave Craig Scarberry's ex-wife, a practicing Christian, full custody of the couple's children. Previously Scarberry had shared equal custody of his kids with his wife.
Scarberry's visitation time was cut to four hours each week, and his custody reduced to once every other weekend.
The order took notice that Scarberry, formerly a Christian, had become agnostic:
In the ruling, the judge noted that "the father did not participate in the same religious training as the mother."
"When the father considered himself a Christian, the parties were able to communicate relatively effectively," the judge added.
The decision is a violation of Scarberry's First Amendment right to freedom of religion. The First Amendment protects all religious perspectives, not just Christian ones.
A protest rally supporting Scarberry's cause is scheduled to take place at the Madison County Courthouse on Dec. 16.
Portland, Oregon recently experienced a child custody decision based on religion. In Oregon City a judge ruled that a couple belonging to a faith healing church surrender their child to the state for failing to provide medical care.
Comments
I hope the support group make a lot of noise and let the courts know bigot rules have no place in the halls of justice and religious test violated the Constitution and public trust the people put in those in power.
The judge should, no, MUST be removed for judicial malpractice, incompetence, abuse of authority, and violating the father's First Amendment rights. Nothing else is acceptable.
My son's father and I have had joint legal custody with me having sole physical custody since May 2006. On December 13, 2010 Judge Thomas Newman Jr. gave my ex sole legal and physical custody of our son based on baseball. The only reason why my ex took me back to court was bacause my son would miss games and practices that took place during the three different baseball teams that his father signed him up for and coached. My family and I would love to see Judge Newman be released from his position and of course his hearings be reviewed. I hope that this father gets somewhere with his appeal because I do not see this being in the best interest of his children.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!