Generally a parent has a First Amendment right and parental right to decide which religion his or her child will follow. However, when parents of different religious faiths divorce, they often disagree as to the future religious upbringing of the children. Courts are forced to step in and make a decision that protects the best interest of the child while taking into consideration the parent's First Amendment and other rights.
There is no national law regarding child custody and religious upbringing. However, Courts will usually make their decision by applying one or more of the following legal standards:
The law regarding child custody and religious upbringing varies from state to state. Which standard the Court applies will depend on the state that the Court sits in.
Courts may consider any oral or written agreements between a couple regarding the children's religious upbringing. However, some Courts may refuse to enforce the agreement in a custody battle for a variety of reasons:
If you are looking to establish or modify child custody or parental rights, it is generally wise to consult with a lawyer. A child custody lawyer has experience dealing with the complicated court system and can work to protect your relationship with the child.
Last Modified: 05-21-2018 01:40 AM PDTLaw Library Disclaimer
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