I am not an attorney and cannot provide legal advice. However, I can provide referrals, assistance in networking and general information that may be pertinent. You need the assistance of a competent local family law attorney licensed in your state familiar with: 1. Your situation, 2. The county court(s) and judge(s) that are most likely to take your case 3. Applicable State law and pertinent evidence and precedents as it relates to religious discrimination and Custody I also am in frequent e-mail contact with several attorneys at the national level, through e-mail lists specializing in Earth Religion Rights, who occasionally help other attorneys (often pro- bono) in matters related to religious discrimination. Many of these attorneys have other attorney contacts that sometimes help other attorneys. A contact who has been be very helpful dealing with Custody and job discrimination cases is Lady Allyn. She is a Wiccan paralegal who specializes in helping the attorneys of Pagans facing custody and job discrimination cases associated with their religion. She created an evidence packet that has been used successfully in dozens of Custody cases to help remove Wicca and general references to Paganism) as an issue. Documents included in the evidence packet include: * A Pledge to Pagan Spirituality by Pagan Spirit Alliance * The Invisible Pagans, by Julian Vayne, Pagan Voice, Issue 40, 17, Blenthwin Close, Henbury, Bristol BS10 7BH Tel: 0117 9506895 * Paganism: Precursor of the Future, by Ed Fitch (may be from Llewellyn New Worlds, date unknown) * Satan has no Place in Wiccan Theology by Clark Morphew from St. Paul Pioneer * Come All Ye Pagans by Curt G Columbus Alive, December 25, 1981 * Witchcraft by Joan Scobey from New Woman, September 1987 * Witches in Military Demand Rights, by Grant Willis, Army Times (date unknown) * Pagans Emphasize they Don't Worship the Devil, by Grant Willis, Army Times (date unknown) * An Introduction to Paganism and Witchcraft, by Andras Corban Arthen, The EarthSpirit Community * Types of Occult Activity by State of California, Office of Criminal Justice Planning * Religious Requirements and Practices of Certain Selected Groups, a Handbook for Chaplains, Department of the Army Pamphlet 165-13, April 28, 1978 * American Council of Witches, Organization, Leadership, Worship * Letter from Richard Walinski, Chief Council, State of Ohio, Office of the Attorney General on whether or not Organizations are Religious Societies, December 6, 1976 * Pater vs Pater (1992), 63 Ohio St.3d 393 -Supreme Court of Ohio on Custody Law and Religion * Unitarian Universalists and Pagan Culture, Circle Network News, Spring 1996, Vol 18, No 1, David Burwasser, Oberlin Ohio * Ethics and Oracles by Patrick Price, Pagan Solitary Network Newsletter, Winter 1990 * Getting and Keeping a Coven Going, by Rebecca Crystal, Circle Network News, 1981 * Birth of Pagan Groups, Grey Cat, Circle Network News, Samhain 1986 * Starting a Circle, Some Suggestions I can e-mail you a pdf version of the 1994 Lady Allyn evidence packet if you e-mail me at lcornett@en.com. Please read the documents in the packet, identify which specific documents fit your beliefs, and provide them to your attorney(s) Note that some of the documents are copyright, and can only be used for research purposes as a result (as well as evidence in court by your attorney)-otherwise we would have them on the web. The Xerox copies of original evidence from Lady Allyn are much more valuable than electronic copies of evidence in court, but you may need certified copies (ask your attorney about this). Please read the documents in the packet, identify which specific documents fit your beliefs, and provide them to your attorney, a long with information on how to contact Lady Allyn. Lady Allyn can be reached at: Lady Allyn 136 Prospect Avenue Middletown, New York, 10940 (845)343-2372. ladyallyn17@yahoo.com The best way to contact her is by phone, since she does not have a PC at home. When you get in touch with her, be prepared to answer many questions, and ask her for an evidence packet (It costs her $10 to copy and mail it). If time permits, it is suggested that you send her a letter requesting the latest version of packet and a $10 check, and call her about three days later. Lady Allyn can provide strategies to your attorney for introducing t hese specific documents in court and using them in the most effective manner (based on how they have been used successfully in the past, etc). If your attorney needs certified copies, contact Lady Allyn to make the necessary arrangements. To the best of my knowledge, no Pagan parents have lost custody of their children based on general consideration of their being Wiccan or Pagan, when their attorneys have been properly prepared through use of the Lady Allyn evidence package and appropriate consideration of the legal precedents in their State and constitutional law regarding the role of religion in custody cases in their state. However, in one case the evidence was ignored by the judge, and had to be appealed. Arranging for a transcript of your custody hearing to be taken and having a copy of the transcript can be very helpful if your case has to be appealed. However, some unusual lifestyles (generally involving multiple sex partners, drugs, nudity, homelessness, and/or other issues) can become an issue (or poverty or other matters) if applicable or alleged (although nudity has been successfully addressed with help from naturist organizations-for which several ERAL members have attorney contacts). Many public contacts who might be helpful are listed in the Directory of Public Earth Religion Rights Contacts (sorted by State and Zip code) at http://www.erlan.org/directory.htm Contacts that have been updated recently are marked with ( Verified... after the listing) It remains up to you and to witnesses you locate that know you and get to testify to establish in court that you are a good parent. Often the most important contacts may be sympathetic friends and associates who know you and how you raise your children and who are willing to testify in court, along with (in some cases hopefully) something about your religious beliefs and practices. Your Unitarian contacts may also be helpful for this purpose, especially clergy. In addition, some of the local contacts may be able to help provide emotional support or help in other ways, if needed. Some Pertinent websites (mostly from http://www.erlan.org/helplink.htm ) include: Boilerplate Text for custody cases: http://www.erlan.org/ERAL/BOLRPLAT.TXT US Army Chaplain's Handbook: Excerpt on Wicca http://www.religioustolerance.org/wic_usbk.htm http://www.ecis.com/~alizard/chaphand.html Wicca, a Legal Scholar's View http://www.journey1.org/freedom/flynn.htm Witches' Voice Pagan Parenting website http://www.witchvox.com/xparent.html Parents Victimized by Children's Protective Services http://www.religioustolerance.org/cps_vict.htm Custody Cases, what the Courts Look for http://www.witchvox.com/white/w_cc_in_court.html Accused Witches in Recent Child Custody Cases was at http://www.stanford.edu/class/law495/drobac.htm . I am trying to locate a new URL Overview and Guide for Wiccans in the Military, 3rd edition: Reference document currently used by the DoD Armed Forces Chaplains Board (AFCB). PDF Download http://www.ecis.com/~alizard/files/Overview.pdf Also, a team of attorneys has developed the Earth Religions Assistance List (ERAL) Case Intake form. I can send it to you in the body of a separate message and as an attached MS word file if you e-mail me at lcornett@en.com or you can get an on-line version at http://www.erlan.org/ERAL-IN.txt. It includes guidance for locating a qualified attorney at the end of the form. To get the best response from ERAL, get an attorney and fill out and e-mail the form back to the nearest ERAL public contact, listed on the form -- along with an executive summary of your situation, citing the form. Please also send a copy to me at lcornett@en.com, along with your nearest public contact. An electronic version of the complaint against you citing your religion could also be of great help mobilizing Earth Religion Rights organizations, attorneys and paralegals to assist your attorney and you. Also, please send hardcopy of the signed waivers. The filled out form, etc. may also be helpful for recruiting a qualified attorney and organizing pertinent information for your attorney's consideration. The form is to be filled out by you, although, if you already have an attorney, review and approval of the document by your attorney is suggested, along with obtaining a specific list of questions from your attorney that other attorneys and paralegals may be able to help her or him with. Your nearest ERAL contact will then e-mail the summary, the questions and the filled out form (along with the complaint, if available) to the Earth Religions Assistance List (that I moderate), and perhaps to lists with additional attorneys. If you are unsure how to check an item, or respond to the form, select the whole form and paste it into your e-mail manager as a message that you are replying to, then reply as you would with any e-mail. To fill out checklist portions of the form, do it like this: _X_ I understand and agree to... In general, the essay portions of form should be dealt with like a reply to e-mail, although it can refer to attachments. Options for replying include: 1. The form is replied to in your e-mail "reply to message" software, or 2. The form is copied into your word processing software into a blank word processing file, and replied to by writing in your response to the questions, and formatting the replies as in any e- mail. The file can then be saved in MS Word, Rtf or ASCII format and then either sent as an attachment or copied into the body of one or more e-mail messages (with Subject headers like "ERAL Intake Form for ... Case - Part 1 of 3" (or Part 2 of 3, or Part 3 of 3 assuming it is sent in three pieces). Either way will allow you to include in the form as much text as you may need to explain the circumstances of your situation. However, using a word processor makes it easier to edit and refine your reply before sending it on, and to retrieve copies for future reference. You can also send scanned or word-processed versions of the complaint against you and of pertinent evidence, statements by witnesses, etc., to be forwarded on to ERAL. ERAL is an e-mail list operating on the Internet. The more complete you make your electronic submission, the more complete the potential response may be from ERAL members, most of whom will only see what has been electronically provided directly concerning your case. It will also help significantly to write a two-page summary of your situation, citing the form for additional details. Some portions of the form require hardcopy being sent to your contact on ERAL: particularly signatures. Be sure to save your reply and make some copies for your attorney and others you ask for assistance. Filling out the form and providing the associated documentation might also be useful for organizing what you know about your situation for consideration by your attorney(s) whether or not you ever send it out on the internet. To repeat, I can be contacted at (216) 583-0007, lcornett@en.com. I can also be contacted by phone at (216) 583-0007. If you contact me at lcornett@en.com, I can e-mail an ERAL Case Intake Form to you, along with a pdf of the Lady Allyn Files (for research purposes only). Filling out the form and submitting it and associated documentation to your attorney can help prepare her or him to prepare your case. The filled out form can also help you obtain an attorney. Blessed be and Never Thirst! Larry Cornett http://www.erlan.org