This was, literally, the question before a Law Division judge in Zoe v. Zoe. In that case, the parents of an eleven-year-old girl were in the midst of ongoing litigation over physical custody of their child when the mother took her daughter to a Pink concert at the Prudential Center. The father claimed that the mother abused her parental discretion by doing so because the concert was not age appropriate. Specifically, the father claimed that there was profanity in some of Pink’s songs and that the concert included sexually suggestive themes and dance performances. He claimed that if he had been at the concert with his daughter, he would have walked her out rather than let her stay.
The court rejected the father’s claims and held instead that: (1) after divorce, each parent has a right to exercise reasonable parental discretion over a child’s activities; (2) after divorce, each parent has a constitutional right to exercise reasonable parental discretion in introducing and exposing their child to the creative arts; (3) the court will generally not interfere with decisions made by parents that are consistent with these rights; and (4) the decision by the mother in Zoe was a reasonable and appropriate exercise of her rights.