Religion can often play a role in custody disputes. Whether it's a divorce or a custody case between unmarried parents, the parents often have different beliefs.
It could be a situation where both faiths are closely linked. Let's take a situation in which both parents are Protestant but belong to different denominations and the differences in belief are minimal.
But in other situations the differences in belief can be significant. For example, one parent may be Christian but the other may be Buddhist. Or perhaps one parent practices Islam while the other is Jewish.
Who gets to decide which faith the children practice?
In such situations, many people ask themselves the question: Who gets to decide what beliefs the children are exposed to? The reality is that the answer to this question can be complicated.
In reality, when custody is shared, both parents must consult and decide. Both parents could agree to expose the children to their faith during their custody period. This can result in children being exposed to both faiths.
If one parent has sole custody, they can theoretically decide. However, this is where the First Amendment comes into play, which states that the government may not abridge an individual's right to religious freedom. Some states may even have constitutional or statutory provisions protecting religious freedom.
Therefore, it is rare that a family court would want to work to prevent a parent from exposing children to their religion. Courts usually like to stay out of such situations entirely.
When will the family court get involved?
Laws may vary by state. Different family court judges may see this very differently. It is also true that different family law judges may have their own views on religion – and may be dedicated to a particular religion.
However, the typical standard for family court involvement is that religion is causing significant harm to the child. The damage can be physical or psychological, but the extent is usually difficult to prove. Normally it would have to be a situation related to a cult or other religion where the damage would be significant.
Courts may also look into past practices. For example, if the child has practiced a particular religious belief all his life, it is very unlikely that the court will intervene. However, if a parent has made a drastic change in their religious affiliation and the parent wishes to inform the children of this, the court may intervene. But even there, courts generally like to stay out of religious disputes.
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