Since today’s decision in Karutz versus Karutzdecided by the Kentucky Court of Appeals (Judges Pamela Goodwine, Irv Maze and J. Christopher McNeill):

The mother and father share joint custody of their daughter, ARK (“child”), who has been at the center of a long legal dispute since the parties separated in 2016. Regarding the appeal, the parties could not reach an agreement as to where the child should go to kindergarten and asked the court to resolve the issue. The father’s favorite choice was Seton Catholic School in Lexington, Kentucky. The mother wanted her child to attend Berea Independent Community School…in Berea, Kentucky….

The father testified that Seton was his favorite school because it was closer to the highway and therefore logistically better for pickups and drop-offs; had a later start time so the child could sleep; was more diverse than Berea Independent, was a newer school with better technology and better academics; had a low student-teacher ratio; had a follow-up program; and the staff were communicative and friendly. The father further testified that the child would know other children dating Seton, including his girlfriend’s daughter, who is the same age, and children from his church.

The father, who is Catholic, liked that Seton was a Catholic school, but noted that the curriculum also emphasized general Christian principles, as well as secular subjects such as Darwinism and evolution. Father said he was willing to pay Seton’s tuition. The father expressed concern that the child is attending Berea Independent due to the mother’s ongoing criminal charges in Berea for second-degree animal cruelty. Because Berea is a small community, the father feared that the child would be stigmatized, even if the mother was acquitted.

The mum testified that Berea Independent was her first choice because it was less than a mile from her job, it was in a small town and it was where she went to school as a child . She also liked that it offered K-12 education in one location and liked the school’s open classroom layout. The mother, who is a Baptist, was not comfortable with the child attending a Catholic school and preferred the child attend a secular school.

Following the hearing, the trial court made detailed findings of fact, concluding that it was in the child’s best interests to attend Seton. The trial court cited Young vs. Holmes (Ky. App. 2009), for his power to order a child to attend a parochial school, and noted that Seton’s religious aspect was only one factor, among many, as to why the father preferred Seton. The court listed other non-religious reasons supporting the father’s choice of school, including Seton’s late start time, teacher-student ratio, his academic programs and on-site child care, for n to name a few.

The court then explained its decision by stating

The Court considers that [child] may experience negative social consequences as a result of [Mother]the ongoing animal cruelty case, even though [Mother] is not found guilty, given that Berea is a small community and the family’s case could generate local buzz following the upcoming trial. Moreover, if [Mother] is sentenced to a prison term of up to one year, the child will go to school in a town 35-45 minutes from [Father]which is not fair to [child] Where [Father].

The court concluded that “[s]end [child] to a Catholic school does not violate the First Amendment rights of [Mother]given that the Court’s decision is not based on religious interests and that such impropriety cannot be presumed simply because the chosen school had a religious connotation in addition to its academic offerings[,]”quoting again Young. This call followed.

The mother argues on appeal that the trial court’s order requires her to send her child to a school she conscientiously objects to in violation of her constitutional rights…. The trial court correctly determined that the proper standard when making an important decision about a child’s upbringing, such as where they will attend school, is the best interests of the child. child…. :

Whether[…]parties to a joint custody agreement fail to agree on a major issue concerning the upbringing of their child, the trial court, which retains jurisdiction over custody matters, must hold a hearing to assess the circumstances and decide the matter according to the will of the child. higher interest. Once the parents relinquish their role as guardians in the trial court, its decision is binding until the decision is shown to be physically or emotionally harmful to the child, or is no longer in his best interest.

“As to what constitutes the best interests of the child, any finding of fact is reviewed under the clearly erroneous standard; any decision based on said facts is reviewed under a standard of abuse of discretion.” … [S]substantial evidence supports the trial court’s decision that sending the child to Seton is in the child’s best interests. The trial court specifically mentioned the school’s proximity to the highway, its late start time, its teacher-student ratio, its on-site aftercare program, and the fact that the child would know other students attending. Setton. Perhaps more importantly, the trial court found that it was not in the best interests of the child to attend Berea Independent due to the possibility that the child would experience negative social stigma due to of Mother’s ongoing animal cruelty case in Berea.

Furthermore, the trial court specifically noted that its decision was not based on religious interests. Mother “bear[s] the burden of proving that the trial court’s decision was based on religious interests and such impropriety [will] not to be presumed simply because the chosen school had a religious connotation in addition to its academic offerings.” Young. We find no errors.