Peterson v. Peterson

474 N.W.2d 862, 239 Neb. 113, 1991 Neb. LEXIS 322
CourtNebraska Supreme Court
DecidedSeptember 20, 1991
Docket90-281
StatusPublished
Cited by24 cases

This text of 474 N.W.2d 862 (Peterson v. Peterson) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peterson v. Peterson, 474 N.W.2d 862, 239 Neb. 113, 1991 Neb. LEXIS 322 (Neb. 1991).

Opinion

Per Curiam.

This is an appeal from a modification of a dissolution decree, changing custody of the parties’ three minor children from the petitioner mother, Carol L. Peterson, to the respondent father, Robert G. Peterson, and ordering the mother to abstain “from any corporal punishment of the minor children and . . . from making any comments to the minor children with regard to her religious beliefs, whatsoever, under the penalties of contempt.” The mother has appealed, assigning five claims of error, which merge to assert that the district court should not have (1) changed custody of the children or (2) ordered her to refrain from the use of corporal punishment and fear to force the children’s obedience to the doctrines of her religion, and to abstain from discussing her religion with the children, “when a less restrictive order would suffice.” The father has cross-appealed, assigning as error the district court’s failure to order the mother to pay reasonable child support. We affirm as modified.

The parties were married on October 22, 1977, and have three minor children: Sadie, born to the mother on August 15, 1974, by a prior marriage and adopted by the father in 1978; Cassie, born January 4, 1979; and William, born August 11, 1983. The marriage was dissolved on February 25,1988.

Eight months later, on October 25, 1988, the father filed an application to modify the provisions of the decree relating to the custody of the children, which application he made more definite and certain on December 2, 1988. On its own motion, the district court appointed a guardian ad litem to represent Sadie.

At the time the marriage was dissolved, the children were *115 attending public school in York. In October 1988, the mother enrolled the children in the York Christian Academy, which is affiliated with Good Life Pentecostal Church, the church she attends.

The academy is not accredited by the State of Nebraska and employs “monitors” instead of teachers. The monitors must complete a 1-week training course to qualify for their position and are available to answer the students’ questions. The students are given workbooks, which they complete at their own pace. The schoolday at the academy begins at 8:30 a.m. From 8:30 until noon, the children work on their lessons. After a 1-hour lunch break, the children go to a nearby park to play until 2:45 p.m., unless the weather is inclement, in which case they play indoors. At 3 p.m., the children are dismissed for the day.

The guardian ad litem, who observed the academy in operation and interviewed its administrator and some of the monitors, concluded that the monitors are “not terribly actively involved on a regular basis with actually providing instruction.” The monitors informed the guardian ad litem that they had not graduated from an accredited high school, but had gone through the program offered at the academy (referred to as “paces,” or “ACE,” in the record) and received their general equivalency diplomas. One of the monitors was taking “college level paces” at the academy, using the same method. When asked about the educational qualifications of the monitors, the mother responded that the “educational qualifications of these monitors is not pertinent to the school we run. It does not require qualified teachers under Chapter 13, we do not have to have qualified teachers.” By chapter 13, the mother appears to have meant rule 13 of the State Department of Education, the exception from state accreditation under which the academy apparently operates. The mother suggests prayer for divine guidance if the monitors and the materials provided cannot help a student solve a problem.

The guardian ad litem’s main concern was the method of instruction utilized by the academy. Although he had some difficulty articulating his apprehension, it appears to be that the program of the academy does not lend itself to the development *116 of analytical skills or independent thought — that the focus is on giving the correct answer rather than developing the methodology or thought processes by which an answer is reached. This perturbation was confirmed when Cassie, who in February 1989 had stopped living with the mother and moved in with the father, returned to the public school. (Apparently, the mother had given Cassie the option of staying with her and attending the academy or living with the father and attending the public school.) Both the principal and one of Cassie’s teachers at the public school testified that upon her return, Cassie had difficulty with mathematical comprehension. The teacher seemed to believe Cassie was relying on rote memorization.

In early 1989, Cassie was expelled from the academy. According to Cassie, this was because she did not have a “really Christian attitude, and . . . was picking . . . crayons up during prayer.” According to the mother, Cassie was expelled because she was a disciplinary problem. When she was expelled, the mother met Cassie at the school, took her home, and beat her with a leather belt for approximately 2 minutes. Cassie received at least 10 lashes. The mother then had her copy the definitions of “stubbornness” and “rebellion” from the dictionary, along with scriptural passages referring to rebelliousness as “a sin of witchcraft and stubbornness as an abomination unto the Lord.”

When Cassie finished, the mother examined her work and found 20 errors in spelling and punctuation. Cassie was struck once with the belt for each of these scrivener’s errors. After receiving 20 lashes, Cassie was required to recopy the material. This time, the mother found 10 mistakes, and Cassie was given another 10 lashes. On her third attempt at copying the material, Cassie made three mistakes and so was given three lashes with the belt. When the mother made Cassie copy the material for a fourth time, Cassie was able to do so without error. All told, Cassie was struck at least 43 times during this incident, which lasted about 4V2 hours. The mother then took Cassie to a fast-food restaurant for a treat, after which they drove around and discussed the incident.

It is worth noting that Cassie received the 43 lashes during a *117 period when the mother considered herself to be “very leery to spank” Cassie and “very lax” in her discipline because she was involved in a “custody suit.” She testified that she believed she overlooked “a lot of things that maybe need to be punished” and that she was “probably not as consistent as [she] should be. There’s probably a lot of things that get let by.”

The mother does not seem to think that her actions were excessive. She felt that she “did the best that [she] could do at the time that [she] knew how to do” and did not know whether she would react the same way again. Her attitude was further evinced during her pro se cross-examination of Cassie, where the following exchange took place:

Q [by the mother] Did you feel that the punishment that was administered to you, was unfair?
AI told you that, but I didn’t really feel that.
Q How many times have you told me that you didn’t feel that punishment was unfair?
A Zero.
Q What?
A Zero.

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Bluebook (online)
474 N.W.2d 862, 239 Neb. 113, 1991 Neb. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-peterson-neb-1991.