ZUMMO V. ZUMMO 574 A.2d 1130 (1990) CASE BRIEF

ZUMMO V. ZUMMO

574 A.2d 1130 (1990)

NATURE OF THE CASE: David Zummo (H) challenged an order which prohibited H from taking his children to religious services contrary to the Jewish faith during periods of lawful custody or visitation. H argued that the trial court erred in relying on an oral prenuptial agreement, and that the order violated his constitutional rights and constituted an abuse of discretion.

FACTS: H and W mere married and divorced. Three children were born of this marriage, namely Adam, age eight; Rachael, age four; and Daniel, age three. W was raised a Jew and has actively practiced her faith since childhood. H was raised Roman Catholic but had attended Catholic services only sporadically. Prior to their marriage, they agreed that any children would be raised in the Jewish faith. During the marriage, the Zummo family participated fully in the life of the Jewish faith and community. W filed a divorce complaint on July 6, 1987, which included a count seeking confirmation of her custody of the children. The parties have since agreed to share legal custody. They have also agreed that W should have primary physical custody subject to H's partial physical custody on alternating weekends, as well as certain holidays and vacation periods. In the court order H was obligated during his weekend visitations to arrange for the children's attendance at their Synagogue's Sunday School. H was not permitted to take the children to religious services contrary to the Jewish faith. H appealed this Order to the Superior Court, asserting that his Constitutional rights and those of his children were violated by the Order.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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