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OSTERAAS v. OSTERAAS

No. 19615.

859 P.2d 948 (1993)

124 Idaho 350

Melinda E. OSTERAAS, n/k/a Melinda E. Havner, Plaintiff-Respondent, v. Edwin L. OSTERAAS, Defendant-Appellant.

Supreme Court of Idaho, Eastern Idaho, September 1992 Term.

September 1, 1993.

Attorney(s) appearing for the Case

Dunn & Clark, P.A., Rigby, for appellant, Robin D. Dunn, argued.

Swafford Law Office, Chtd., Idaho Falls, for respondent, Ronald L. Swafford, argued.

BISTLINE, Justice.

This case requires us to examine to what extent religion may be taken into account as a factor in determining child custody disputes. Because the trial court improperly considered religion as a factor in modifying custody, we remand the cause to the trial court for reconsideration.

BACKGROUND

In October 1986, plaintiff-respondent Melinda Havner (formerly Osteraas) and defendant-appellant...

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