Tuesday, September 14, 2010

Baptism battle over boy ends

Estranged wife agrees that her husband can baptize their son Catholic, and he agrees she can attend and choose her son's godmother

Attorney Jenet Pequeno, from left, client Victor Sarmiento and attorney Jeffery Leving leave court Thursday in Chicago's Daley Center. (Chris Walker, Chicago Tribune / September 8, 2010)


By Alejandra Cancino, Tribune reporter

6:56 p.m. CDT, September 9, 2010


Victor Sarmiento sat quietly in the back of a court room Thursday at the Daley Center as his estranged wife signed a custody agreement that would allow him to baptize his son in the Roman Catholic Church.

It was the culmination of a two-year custody battle that has drained the spirit — and wallet — of both parents. The latest delay in the custody fight came earlier this year, Lizette Perez said, when her estranged husband decided he wanted to baptize their 3-year-old boy.

Perez, a Seventh-day Adventist, said she was not opposed to the baptism; she just wanted to be part of it, "just as I would like to be there for all the important events in his life." She also wanted to choose the godparents because they play a key role in the child's religious upbringing.

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She said Sarmiento initially denied both requests, and it took the better part of the last six months to change his mind. She can attend the baptism. The other issues were settled in two sentences of the eight-page document: "Each parent agrees to allow the child to be baptized in their respective religions. Victor agrees that Lizette will name the child's godmother."

Sarmiento, who admits he's not always been very religious, said he started thinking about baptizing his son after the child of a close friend died. His friend regretted not baptizing his child, and Sarmiento started wondering if he should do it.

"If something happens to my child and he dies, I don't want that to be the first time he sees God," Sarmiento said.

He said he doesn't have a date for the baptism yet, but he's happy he can start planning.

The agreement also gives Perez sole custody of the boy, but Sarmiento will have time with his child each week. Their divorce proceedings continue.

Sarmiento's lawyers said the agreement represents more than a battle between two estranged parties. In their eyes, it is an issue of constitutional rights.

"It's about parents (who) want religious freedom," said Jeffery Leving, Sarmiento's attorney.

mcancino@tribune.com
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