As a practicing Catholic whose eighth-grade son, Michael, has always attended parochial schools, Susan Bisig says it would be best for him to attend St. Xavier High School.

The 144-year-old Catholic secondary school also happens to be Michael's first choice.

But Bisig's ex-husband, David Ryan, an atheist who has joint custody of their 14-year-old son, wants Michael to attend a nonreligious high school.

And he says the Kentucky Constitution is on his side because it says no one shall be "compelled to send his child to any school to which he may be conscientiously opposed."

The battle between Ryan and Bisig, both commercial pilots, has landed in Oldham County Family Court, where Judge Tim Feeley has said he will decide within the next couple of weeks where 14-year-old Michael Ryan will attend high school next year.

Whichever parent wins will pay Michael's tuition, Feeley said.

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