Date: Tue, 8 May 2001 15:15:33 -0700
From: apfanning@yahoo.com ("Alan Fanning")
Subject: [lpaz-repost] Frequent churchgoing costs mother custody of twin sons
To: lpaz-repost@yahoogroups.com ("ALP Repost"), SepSchool@yahoogroups.com (" ")
http://www.freedomforum.org/templates/document.asp?documentID=13887
Frequent churchgoing costs mother custody of twin sons
By The Associated Press
05.08.01
LAS VEGAS - A Las Vegas woman has lost custody of her twin boys because of
allegations that her excessive church attendance caused them to miss several
days of kindergarten.
Clark County Family Court Judge Robert Lueck ruled in March that Lina
Elbrader, 36, should lose primary custody of her 6-year-old sons. He gave
Lina Elbrader's estranged husband, Michael Elbrader, temporary custody of
the children despite the fact Elbrader was acquitted of a child sex charge
seven years ago in Colorado, according to court documents obtained by the
Las Vegas Review-Journal.
One of the main reasons for Lueck's ruling stemmed from a concern that
repeated church attendance by Lina Elbrader and her children caused the boys
to miss school at least 20 times.
That claim has dismayed Lina Elbrader and her pastor, Steve Stoltzfus of the
Apostolic Church. The two say her level of devotion to the conservative
Christian faith has unjustly been used against her.
Stoltzfus said that the government appears to be defining what level of
faith is appropriate.
"This not only impacts Apostolics," Stoltzfus said. "It has the potential to
impact other churches such as the Mormons, Catholics, etc."
The matter is scheduled for a full hearing in Family Court beginning May 30.
Before the custody case went to court, Lina Elbrader said she and her
children attended church about three times a week. Many of those services
were in the evening, but the boys were in bed by 10 or 11 p.m., she said.
"I was thrown out of my house and had my kids taken away because of
excessive church involvement," Elbrader said.
Glenn Schepps, an attorney representing Michael Elbrader in the custody
battle, declined comment and also declined a request for an interview with
his client.
Lueck declined comment, saying he was prevented by law from discussing a
pending case.
In his March order, Lueck wrote that the temporary custody decision was a
difficult one, and that his reasoning was based primarily on a lack of
school attendance by the children.
The children have missed approximately 20 kindergarten days since August,
which Lina Elbrader says occurrd because the children were sick.
The idea that a custody dispute can be resolved based in large part on the
extent of one parent's religious practices is bothersome to some.
"To me, it is bordering on religious discrimination," said Tom Pedigo,
director of the National Alliance Against Christian Discrimination.
Gary Peck, executive director of the American Civil Liberties Union of
Nevada, said the government cannot discriminate against anyone for
practicing their faith. However, if that faith gets in th way of the
well-being of a child, the government does have the right to intervene.
"We would certainly be the first to defend people's religious freedom," Peck
said, "but it does not give people carte blanche to risk their children's
welfare."
Lina Elbrader said that she has been a stay-at-home mom with her twins since
they were born, and that it was unfair to use the level of her religious
faith against her.
"I just want my boys back," she said. "This is a nightmare and I can't get
out of it. I've lost my kids."
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