FAMILY LAW – Affirmed order that parties’ son attend parochial school and not violative of First Amendment: Young v. Holmes (COA 8/28/2009)

Young v. Holmes
2008-CA-001365 8/28/09 2009 WL 2633653

Opinion by Judge Caperton; Judge Thompson concurred; Judge Wine concurred by separate opinion.

The Court affirmed an order of the family court whereby the court ordered the parties’ son to attend a parochial school. The Court held that the order did not violate appellant’s First Amendment rights. The trial court’s order utilized the best interest of the child standard and explicitly disclaimed any religious preference. Impropriety could not be presumed and appellant failed to meet her burden to prove that the decision was based upon religious interests. The Court then held that the trial court was not required to find that the child had special needs that made public school unsuitable before ordering that the child attend private school.