Petersen v. Rogers
| Decision Date | 07 September 1993 |
| Docket Number | No. 9215DC400,9215DC400 |
| Citation | 433 S.E.2d 770,111 N.C.App. 712 |
| Parties | William B. PETERSEN and wife, Patricia T. Petersen, Appellants, v. Pamela A. ROGERS and William J. Rowe, Appellees. |
| Court | North Carolina Court of Appeals |
Fisher & Hassell by Robert A. Hassell and C. Douglas Fisher, Hillsborough, for plaintiffs-appellants.
Levine, Stewart & Davis by Donna Ambler Davis, Chapel Hill, for defendants-appellees.
The main issue involved in this case is the permissible extent of inquiry into religious practices and beliefs of the parties in a child custody proceeding. In this case the trial court allowed an extensive inquiry into the religion of plaintiffs, William and Patricia Petersen. The Petersens appeal from the trial court's order immediately transferring custody of Paul, the minor child in question, to defendants, Pamela Rogers and William Rowe. We now reverse, finding that the court's inquiry violated the Petersens' constitutionally guaranteed right to religious freedom.
A review of the unique background of this matter is essential to an understanding of the case. Pamela Rogers became pregnant with Paul in December 1987 while living with William Rowe in Michigan. While pregnant, Rogers became friends with a member of a religious organization known as The Way International (hereafter "The Way") and began to contemplate giving up the baby for adoption. William and Patricia Petersen, who live in North Carolina, heard about the possible adoption through their membership in The Way, and hired attorney and Way member Doug Hargrave to represent them. When Rogers was six months pregnant Hargrave and the Petersens arranged for her to move to North Carolina and live with a fellow member of The Way. The Petersens and Hargrave provided for Rogers' care and medical needs while in North Carolina. Paul was born at North Carolina Memorial Hospital on 9 September 1988. After the birth Rogers signed a release form and Paul was given to the Petersens. Soon after returning to Michigan Rogers revoked her consent to the adoption, and after extensive litigation the North Carolina Supreme Court vacated the adoption proceeding. In the Matter of the Adoption of P.E.P., 329 N.C. 692, 407 S.E.2d 505 (1991). The Supreme Court remanded the case to the trial court to determine whether custody should remain with the Petersens or be transferred to Paul's biological parents, Rogers and Rowe. Id.
Accordingly, the Petersens filed a complaint seeking custody in September 1991. Rogers and Rowe filed responsive pleadings, and the case went to trial in Orange County District Court in November 1991. On 15 November 1991 the court denied the Petersens' request for custody and ordered Paul to be transferred immediately to his biological parents.
In their appeal the Petersens' allege, among other things, constitutional violations arising from the extensive inquiry into the practices and beliefs of their religion at trial. They claim the court impermissibly considered their religious beliefs in reaching its decision to return custody of Paul to his biological parents. They also object to the court's refusal to allow them visitation with Paul, alleging that this decision, too, rested on religious considerations. The Petersens claim the constitutional violations entitle them to a new trial. In the alternative, they claim they are at least entitled to remand for proper determination of their visitation rights.
A. Evidence admitted at trial
At a hearing on plaintiffs' motion in limine regarding The Way, Judge Hunt refused to prohibit testimony about the general beliefs and practices of The Way, explaining that she didn't know anything about it and it would be unfair to Ms. Rogers to exclude such evidence. She also believed that it would be unfair to the Petersens "not to understand what The Way is all about." In the event of testimony regarding The Way, the judge ordered "additional testimony from the Petersens themselves as to their particularized beliefs." At trial Rogers and Rowe presented evidence about The Way through the testimony of Cynthia S. Kisser, Executive Director of the Cult Awareness Network in Chicago. In compliance with the court's order, the Petersens then presented the testimony of a Way minister, William C. Greene. The testimony of these two witnesses spans 147 pages of the transcript, and involves in-depth examination of the general beliefs, tenets, and practices of members of The Way.
Among other things, Ms. Kisser testified that the group did not follow "traditional Christian beliefs" because its members do not believe Jesus Christ is divine. Furthermore, she explained that The Way's concept of the Trinity is "heresy" and an "heretical position" from the traditional Christian perspective. She described their practice of speaking in tongues as "classic hypnosis," and an "altered state of consciousness." Ms. Kisser testified that in her expert opinion The Way International is a "destructive cult," because of its "unethical" and "deceptive" method of recruiting.
On direct examination Reverend Greene explained some of the allegedly destructive practices of The Way described earlier by Ms. Kisser. On cross examination the court permitted questions regarding his beliefs concerning Jesus Christ, his tithing practices, speaking in tongues, and his belief in devil spirits. The court permitted counsel to question Reverend Greene as to whether The Way is "recognized as a religious denomination in the United States." Counsel then pointed out that The Way is not listed in the Handbook of Denominations.
B. The court's findings
In its order, the trial court made findings of fact regarding the religious practices of the Petersens and Rogers and Rowe. The court found that the Petersens are members of The Way International, describing this as a "Pentecostal, biblically-oriented Christian sect which encourages its members to lead an affirmative lifestyle and ... to reflect religiosity by overtly speaking in tongues." The court found that Rogers and Rowe "were baptized and once were professing Catholics," and that Rogers believes The Way "is a network that isolated her and alienated her from her family and friends and influenced her under duress and undue prejudice causing her to make an adoption decision she almost immediately regretted." The court noted that Rogers was "extremely concerned" that Paul was being raised in The Way, and Rogers views The Way "as her enemy in her fight for her child."
The trial court also made findings regarding the home life of the Petersens and of Rogers and Rowe. The court found that the Petersens had raised Paul in a "most appropriate fashion, in a good home with great love and care and concern for his physical, his emotional and his spiritual well-being." The court found that Paul was above average in intelligence, and physically and emotionally normal for his age. The court noted that Mr. Petersen earned over $50,000 per year working for the Environmental Protection Agency, and that Mrs. Petersen operated a small day care center in their home. The court also noted that the Petersens had been married for twelve years at the time of the order.
The court found that both Rogers and Rowe had children from previous marriages as well as another child together, and that they were good parents to these children. Other findings included the fact that Rogers and Rowe have never been and were not married at the time of the court's order. Rogers earned about $12,000 per year working as dining room manager at a country club. Rowe expected to earn a yearly salary of $25,000 in a new sales position, along with $10,000 from a restaurant he owns.
The court concluded that both the Petersens and Rogers and Rowe are fit and proper persons to have custody of Paul. The court found that Paul was not eligible for adoption, his biological parents' rights had not been terminated, and his biological parents did not consent to any adoption. Due to "serious religious differences," "lengthy and strident court proceedings," and geographical distance, the court decided joint custody between the Petersens and Rogers and Rowe was not possible, and stated that all experts except one recommended that Paul be immediately placed with his biological parents. The court concluded that Paul's best interests require that he live with his biological parents with no visitation from the Petersens unless consented to and approved by Rogers and Rowe.
We begin by recognizing the wide discretion vested in the trial judge in child custody proceedings. In re Peal, 305 N.C. 640, 290 S.E.2d 664 (1982). As part of the best interests analysis, our courts have considered the child's physical, mental, and spiritual welfare. See Dean v. Dean, 32 N.C.App. 482, 484, 232 S.E.2d 470, 472 (1977). When considering a child's spiritual welfare, however, a court must be careful not to infringe upon the religious freedom of the parties involved, a fundamental right guaranteed by our state and federal constitutions. The First Amendment to the United States Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." U.S. Const. amend. I. Similarly, the North Carolina Constitution provides that "[a]ll persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience." N.C. Const. art. I, § 13. Although the trial judge has wide discretion and control in child custody cases, we believe this discretion could be abused by a religious inquiry so extensive that it would violate this most basic of our fundamental...
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