Weisberger v. Weisberger
Appellate Division of the New York Supreme Court
60 N.Y.S.3d 265 (2017)
After Naftali and Chava Weisberger (plaintiff and defendant) divorced with an agreement for joint custody, Chava as primary physical custodian, and a commitment to raise the children Hasidic with Naftali choosing their school, Naftali (who never paid agreed child support and underused his visitation) later sought modification alleging Chava violated the religious-upbringing terms through the children's dress, diet, haircuts, and language; the trial court awarded Naftali sole custody largely to enforce the religious clause despite evidence Chava had the closest relationship with the children, and Chava appealed.
Whether a court will enforce a custody agreement's specific religious-upbringing provision even where doing so is not in the best interests of the child.