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Justice Jeffrey Goodstein

 

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The parties disputed placement of their five year old daughter in a kindergarten in either a private Yeshiva or a public school. A hearing was held and father testified the child should continue her religious private school education, stating he would pay all costs. Mother stated, while she kept a Kosher household to appease her husband’s parents, she disputed the family’s level of Judaism, and argued for enrolling the child in a public school district near where she resided. The court stated its posture regarding a religious upbringing of a child was of non-interference. Yet, where, as here, it was determining which parent shall have educational decision-making regarding the child, not opining on the level of Judaism practiced or whether private or public school was in the child’s best interests, it stated it recognized that any decision made herein may change after a full custody trial, if warranted. It indicated there was a possibility the child may attend one school this year and a different one next year. Thus, the main question was if the child will fall behind her classmates regarding her religious studies if she were to attend public school, and the court answered in the affirmative, concluding father should have educational decision making authority until further court order.