For Heaven's Sake, Give the Child a Voice: An ADR Approach to Interfaith Child Custody Disputes
![handle is hein.journals/pepds10 and id is 629 raw text is: [Vol. 10: 3,2010]
PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL
For Heaven's Sake, Give the Child a
Voice: An ADR Approach to
Interfaith Child Custody Disputes
Charlee Lane*
I. INTRODUCTION
The right to maintain complete control over the rearing of children is
traditionally held to be a fundamental right of parenting.' However,
enforcement of this parental right often fails to accommodate the rights of
children.2 Courts have attempted to protect the rights of children by setting
standards by which the choices of parents are limited in regard to child-
rearing practices.' One particularly troubling context in which this conflict
of rights manifests itself is when courts have been importuned to assist
parents in determining child custody arrangements upon the dissolution of
their marriage. While factors have been somewhat consistently laid out to
determine this issue in accordance with the best interests of the child,4
some relevant factors lie outside of the authority of the courts. Religion is
. B.A. in Sociology, Rollins College, 2006; J.D. candidate at Pepperdine University School of Law,
2010. Special thanks to my family for their continued and unwavering support. Additional thanks to
Professor Larry Van Sickle for fostering my academic growth, Professor Anthony Miller for his
insight and encouragement throughout the process of writing this article, and the entire journal staff
for their hard work and dedication in preparing this and other articles for publication.
1. See U.S. CONST. amend. V; U.S. CONST. amend. XIV. See also George L. Blum,
Annotation, Religion as a Factor in Child Custody Cases, 124 A.L.R. 203, §2[b] (2004).
2. See U.S. CONST. amend. V; U.S. CONST. amend. XIV.
3. See George L. Blum, Annotation, Religion as a Factor in Visitation Cases, 95 A.L.R. 5th
533 (2002).
4. Id. Under the Uniform Marriage and Divorce Act, courts must determine child custody in
accordance with the best interest of the child by considering relevant factors. Those factors
include, but are not limited to: the wishes of the child's parents; the wishes of the child; the
interaction and interrelationship of the child with parents, siblings, and other persons who may
significantly affect the child's best interests; the child's adjustments to his home, school, and
community; and the mental and physical health of all individuals involved. Id.
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For Heaven's Sake, Give the Child a Voice: An ADR Approach to Interfaith Child Custody Disputes
For Heaven's Sake, Give the Child a Voice: An ADR Approach to Interfaith Child Custody Disputes