http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080415/NEWS01/804150419Judge: Teen can attend St. X
Atheist dad's lawyer says appeal likely
By Andrew Wolfson • awolfson@courier-journal.com • April 15, 2008
Fourteen-year-old Michael Ryan may attend St. Xavier High School, despite the objections of his atheist father, an Oldham County family court judge has ruled.
In a decision made public yesterday, Judge Tim Feeley said he was persuaded that it is in Michael's best interest to attend St. X, in part because that's where he wants to go.
. . .
David Ryan, a pilot for Delta Air Lines, was flying to Turkey yesterday and couldn't be reached for comment. But he probably will appeal, said his lawyer, Edwin Kagin, who called Feeley's decision "an end run around the constitution."
. . . .
In his decision, Feeley amended the joint custody agreement that Ryan and Bisig had since their 1997 divorce to give her "sole custody of Michael as it relates to educational decision-making."
Feeley said if she chooses to send Michael to St. X or another religious school, she will have to pay the full cost of tuition and fees.
Kagin questioned the court's decision to give a parent sole custody on a single issue.
"Should the father have sole custody to decide what the child has for breakfast?" he asked. "You just don't dice it up that way."
. . .
Finally, he (Judge) said that Ryan's expert witness, a retired educator from Georgia, who testified that KCD would be the best place for Michael, was clearly biased, as evidenced by his testimony that he agreed with the philosophy that "indoctrination of children in a religious belief constitutes a form of child abuse."
This could get interesting, on several levels. Emphasis mine.
-Cindy in Fort Lauderdale