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ROBERT O. v. JUDY E.

90 Misc.2d 439 (1977)

Robert O., Petitioner, v. Judy E., Respondent.

Family Court, Erie County.

May 17, 1977

Attorney(s) appearing for the Case

Falk, Siemer, Glick, Tuppen & Maloney (Michael C. Trimboli of counsel), for petitioner. John J. Daley for respondent.

PETER J. NOTARO, J.

A dispute has arisen between the petitioner (father) and the respondent (mother) over the question of whether their child, age 9, should be taken to religious services by the father on one of his visitation days.

As for the child, the question is not one of freedom of choice of religion since, because of his age, he is incapable of intelligently making the choice. So, as it is in...

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