ABSTRACT
Adoption, Custody, and Visitation: Religion in the Context of Broken and Blended Families At early English common law, feudalism and the patriarchal orientation of Christianity and antiquity firmly established the father as the legal head of the family who had absolute control over, among other things, his children's religious training. Paternal control over religious training, religio sequitur patrem, followed naturally from the more general rule of patriae potestas, the "empire of the father," and extended even after the father's death. In contrast, the mother had virtually no legal powers over the children, although she was entitled to respect. The Crown held limited power to intervene in family affairs under the doctrine of parens patriae but initially exercised that power only against pauper parents who were unable to care for their children. Consequently, the father's religious views controlled in the event of adoption or disputes about custody and visitation.
