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February 16, 2010
  Man Faces Jail Time for Taking Daughter to Church
Posted By Brian D. Perskin
According to an ABC News report , a veteran of the war in Afghanistan could find out today if he'll get jail time for taking his daughter to church in defiance of a Chicago family court order obtained by his estranged wife.

The two are in a bitter divorce battle, and the question of what faith their child should be raised in is pushing the boundaries of child custody arrangements.

Reyes' decision to baptize his daughter without his wife's permission resulted in what some are calling an extraordinary court order: The Hon. Edward R. Jordan in the Circuit Court of Cook County, Ill., imposed a 30-day restraining order forbidding Joseph Reyes from, according to the document, "exposing his daughter to any other religion than the Jewish religion."

The couple married in 2004. Joseph Reyes was Catholic, but he converted to Judaism -- he said the decision wasn't "voluntary" -- to please his in-laws.

Despite his conversion, Reyes, 35, said he never stopped practicing Catholicism.

Man Baptized Daughter Without Informing Estranged Wife

When the marriage fell apart, Rebecca Reyes, 34, got custody of their daughter. The girl, now 3, has been raised Jewish and attended a Jewish preschool.

Her father decided to baptize his daughter without consulting his wife.

Joseph Reyes sent his wife pictures and an e-mail documenting the occasion. Rebecca Reyes responded by filing for the temporary restraining order, which the judge granted.

Stephen Lake, Rebecca Reyes' attorney, said his client was shocked at her estranged husband's actions.

"Number one, it wasn't just a religious thing per se, it was the idea that he would suddenly, out of nowhere without any discussion and have the girl baptized," Lake said. "She looked at it as basically an assault on her little girl."

Furthermore, Joseph Reyes had never been a particularly devout Christian, Lake added.

When the girl's father took her to church again -- in violation of the order, he called the media to witness the event.

A court could rule today on whether Reyes should be jailed for criminal contempt, but he contends he did nothing wrong. He is moving to have the judge removed.

"Going to church, I don't think I violated the order," he told "Good Morning America." "In terms of Judaism, based on the information I was given, Catholicism falls right under the umbrella of Judaism."

Woman's Lawyer Accuses Reyes of 'Power Play' With Baptism

In a YouTube video of the subsequent visit to church, Joseph Reyes says, "I am taking her to hear the teachings of perhaps the most prominent Jewish rabbi in the history of this great planet of ours."

Lake, Rebecca Reyes' attorney, said Joseph Reyes had never been a particularly devout Christian.

"This was just something that he knew was going to have a negative effect on [Rebecca Reyes], and I think that's why he did it," Lake said, speaking of Reyes' church visits with the little girl.

"I think he was just trying to exert some power," Lake said.

But Reyes, who is studying law, said he only wants to be a good father to his daughter and expose her to his faith. That's something the courts usually allow in divorce cases, experts say.

Eugene Volokh, a professor at the UCLA School of Law, said a parent who has visitation rights "usually has the right to expose the child to his religious beliefs, teach the child his religion, to take the child to religious services, unless there seems to be likely psychological or physical harm stemming from that exposure."

Family court law expert Lynne Gold-Bikin said Reyes should have followed the court order, but also said, "If this couple made an agreement about what religion to raise their child, then it's an inappropriate order."

Reyes: Conversion Wasn't 'Voluntary'

Reyes said his faith is important to him.

Explaining his conversion, he said, "I did it because, one, my mother- and father-in-law would not accept me any other way and two, because they would not accept me, it was putting a lot of burden on the marriage."

While he acknowledged that his actions -- flouting the court order and involving the media -- didn't help to end the conflict, he said he has to take a stand.

"I've made every concession that I possibly can make for Rebecca, and I have to draw the line in the sand somewhere and this is where I choose to draw it," he said.




It is important to hire a lawyer who stays up to date on the latest developments in the law. For further information about The Law Offices of Brian D. Perskin please click here.


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September 02, 2009
  Battles Abroad and at Home
Posted By Brian D. Perskin
When a member of our Armed Forces is deployed overseas it creates a heavy burden both for the particular soldier, sailor, airman or marine, and for those they care for. Recently several custody battles have occurred involving service members returning from abroad. Specialist Leydi Mendoza is one of these parents. After she returned from a ten month deployment in Iraq she was engaged in a custody and visitation proceeding with her child's father. After a court appearance, Specialist Mendoza was granted daily visits and weekly overnight visits. This is merely the beginning of the case; however, with the long deployments of many soldiers it is likely only one example of a soldier fighting both a war and for custody. A New York Times article included below explains what happened in Specialist Mendoza's case.

NEW YORK TIMES
Dsvid Kocieniewski
September 1, 2009


PATERSON, N.J. -- After 10 months in Iraq and three months fighting with her former companion over access to their daughter, a National Guard specialist was granted daily visitation and weekly sleepovers with the 2-year-old girl by a judge in family court here on Tuesday.

Leydi Mendoza, left, at a National Guard Armory family event in Teaneck, N.J. Related Soldier's Service Leads to a Custody Battle at Home (September 1, 2009)

Ms. Mendoza's daughter, Elizabeth, who was a year old when her mother was deployed.

The specialist, Leydi Mendoza, 22, said after the hearing that she was delighted by the judge's temporary order and already knew how she would spend the time with her daughter, Elizabeth. "I'm going to eat with her," Specialist Mendoza said, laughing, "and finally potty-train her."

Elizabeth's father, Daniel Llares, who had prevented Specialist Mendoza from spending more than a few hours with their child for fear of disrupting her routine, said through his lawyer that he was satisfied with the ruling. After several hours of negotiations among the parents, their lawyers and a mediator failed to resolve the standoff, a Passaic County Family Court judge, George F. Rohde Jr., approved a temporary agreement that would allow Mr. Llares to retain residential custody of Elizabeth but grant Specialist Mendoza the right to see the girl every day and take her home on weekends.

"This has never been about keeping the baby from her mother," said the father's lawyer, Amy Lefkowitz. "It's about making a transition that will be appropriate for a child of this age."

Despite her relief at having won more generous access to her daughter, Specialist Mendoza and her lawyer, Ed Concepcion, said she would still press for full custody.

"This is about the bond between a mother and her child," Mr. Concepcion said.

The Pentagon does not keep statistics on custody disputes, but military family counselors said they knew of at least five recent cases around the country similar to the struggle over Elizabeth, in which a mother who served overseas is fighting for more access to her child. Congressional leaders are negotiating over legislation to strengthen custody rights of service men and women who are deployed overseas; similar bills passed the House and Senate and must be reconciled.

Some advocates say an unspoken bias against mothers who leave their young children for overseas duty has heightened both legal barriers and social stigma when these women try to resume their role as active parents.

After Elizabeth was born in June 2007, Specialist Mendoza and Mr. Llares lived with the baby at his parents' home in Wayne, N.J. When it became clear that Specialist Mendoza would be sent overseas, she agonized over whether to leave her daughter, and she and Mr. Llares ultimately agreed to a written military family care plan that granted him temporary custody while she was gone.

"I wanted Elizabeth to grow up and be proud that her mother had served her country," Specialist Mendoza, who is attending Montclair State University in Montclair, N.J., said before Tuesday's decision. "And we needed the health care and the military benefits and the help paying for my school."

Specialist Mendoza, whose family lives out of state, said she ended her relationship with Mr. Llares before she and other members of the 3rd Battalion of the 112th Field Artillery unit left for Texas in July 2008, bound for Iraq. Despite the breakup, the couple agreed that she would help Mr. Llares and his parents pay for Elizabeth's needs while overseas and assume joint custody once she returned home, Specialist Mendoza said.

But when she returned from the war, things quickly fell apart. The first time Elizabeth was reunited with her mother, both the child and Specialist Mendoza burst into tears.

Mr. Llares, also 22, severely restricted Specialist Mendoza's visits with Elizabeth because he was concerned that the abrupt change would frighten and confuse the child, his lawyer said.

"He's very grateful for her service to our country," said his lawyer, Ms. Lefkowitz. "He just wants to do what's in the best interest of their daughter."



It is important to hire a lawyer who stays up to date on the latest developments in the law. For further information about The Law Offices of Brian D. Perskin please click here.


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