Mother Jailed for Having Son Baptized Without Father's Consent
A mother in Tennessee was jailed after she took her son to get baptized at a local church without getting her ex-husband's consent.
Stephanie Lawson Miller, 46, was put in jail for one night after she refused to follow a parental agreement plan both she and her former husband signed after their divorce, as reported by WATE.
The disagreement started over who was involved in the decision to baptize their 12-year-old son, not in the act itself, which the father argued happened without his consent.
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"It is not common for people to disagree about the religious upbringing," according to Fourth Circuit Judge Bill Swann, who oversaw the case.
Tennessee law states that a permanent plan defines the process of making decisions, including religious acts.
The two parties agreed to participate in joint decisions regarding religious acts when they finalized their divorce June 12, 2010, according to court documents.
"That's a very standard part of every parenting co-plan," said Beth Cooper, a divorce mediator.
Judge Swann ruled that Stephanie Miller violated the permanent plan in the divorce agreement between her and her ex-husband when her son was baptized at Grace Baptist Church without his father's consent.
"The courthouse has to sometimes do unpleasant things and enforce contract, and that's what we do," Judge Swann said.
But lawyers for Miller argued that the boy was old enough to make his own decision regarding his religion.
"At 12-years-old, the young man is old enough to decide what he wants to be involved with religious activities and it was his choice to seek baptism itself by the minister of choice and the church of his choice," Miller's lawyer said.
The boy's father, Stephen Miller, stated that he only wanted the opportunity to talk with his son.
He wanted "the opportunity to discuss with his son, as well as his mother, matters of faith leading to the ultimate decision of baptism."
However, it seems even family discussions fall under the rule of the law and should involve both parents when available.
"He's a minor. The parents are the one who get to make these decisions, and each parent has the right to be part of that decision, especially when they agreed to have that right," Cooper said.
