A Kansas couple have joint custody of their daughter who starts first grade this fall. Dad is a teacher at her religious kindergarten where he wants her to stay. Mom argues that’s too much time with Dad. A judge decided the daughter will attend public school. Dad appealed arguing government neutrality is violated when a judge decides between religion and non-religion. Dad lost. When a judge bases a decision on the best interest of the child and not religion, the first amendment is safe. Here religion was incidental to balancing time with both parents.