Reply To: Enforcement of gittin in civil court custody cases in New York

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The little I know
Participant

This is actually a bigger problem than it appears. And BTW, Joseph is wasting his time with attention to the constitutionality of the “Get Law”.

The issue here is that every divorcing couple make an agreement (or it gets litigated in court), and there is often a clause about how the children are raised. This is not a factor that is part of the get law. Now if there is a reason to declare such a clause unconstitutional, then there is likely to be a court battle, with appeals, etc. This might not be a church-state separation issue. I would be curious to see the outcome of this.