## Facts

- Michelle Wood (mother) and Phillip J. DeHahn (father) divorced in 1991; the divorce judgment granted DeHahn sole legal custody of their two minor children.
- DeHahn, a practicing member of the Church of Jesus Christ of Latter-day Saints, chose to raise the children as Mormons.
- Wood, a practicing Roman Catholic, had periods of physical placement but not legal custody.
- During her placement time, Wood took the children to Catholic Mass three times per year: Christmas, Easter, and Mother’s Day.
- DeHahn moved for a post-judgment order restricting Wood from taking the children to Catholic services, arguing her conduct was inconsistent with his custody-based right to choose the children’s religion.
- The circuit court denied the motion, finding the limited church attendance was not inconsistent with DeHahn’s decision to raise the children Mormon.
- DeHahn appealed.

## Issues

1. Whether a parent with sole legal custody has unilateral authority to determine that the other parent’s conduct during placement is “inconsistent” with the custodian’s religious decision and to obtain court enforcement on that basis.
2. Whether occasional attendance at the placement parent’s religious services is “consistent with” the legal custodian’s choice of religion under Wisconsin custody statutes.
3. Whether the trial court may refuse to impose religious-activity restrictions on the placement parent in these circumstances.

## Decision

- The Court of Appeals affirmed the order denying DeHahn’s motion to restrict Wood from taking the children to Catholic services.
- The court recognized that sole legal custody includes the exclusive right to make major decisions, including choice of religion.
- The court rejected DeHahn’s claim that the statutes authorize the legal custodian to decide, for enforcement purposes, what conduct is “inconsistent” with that major decision.
- The court held the trial court has responsibility to determine consistency and whether restrictions are warranted.
- The court agreed that Wood’s limited attendance with the children at Catholic services (three times per year) did not require restriction under the statutory standard.

## Legal Principles

- Sole legal custody grants the right and responsibility to make “major decisions” for the child, including choice of religion.
- Physical placement includes authority to make routine daily decisions during placement, but those decisions must be consistent with major decisions made by the legal custodian.
- The “consistent with” requirement is a judicially applied standard; the legal custodian does not have unilateral power to define inconsistency and compel enforcement.
- Limited exposure to a placement parent’s religious observances may be treated as part of routine placement activities and need not constitute a competing “choice of religion.”
- Restrictions on a placement parent’s activities are for the court to decide when resolving custody/placement disputes under the governing statutory framework.

## Conclusion

The court held that while the sole legal custodian chooses the children’s religion as a major decision, the trial court decides whether the other parent’s placement-time conduct is statutorily “consistent” with that decision; taking the children to the placement parent’s church on a few holidays each year did not warrant restriction.


In re Marriage of Wood v. DeHahn, 571 N.W.2d 186 (Wis. Ct. App. 1997)