Faqs About Religion's Impact On Child Custody

In a child custody case, the family court judge has to decide what is in the best interests of a child. In some instances, the religion of the parent can play a role in whether or not one parent is fit to be the primary caregiver for a child. Here is how religion could impact the judge's decision and what you should do if you are concerned about the other parent's religion.

Why Is Religion Important?

In most instances, religion is not the most important factor considered in deciding child custody. The judge might require the parents to work out an agreement between both parents to determine how religion will play a role in the child's life, but this is only if there is some disagreement. 

However, the court is forced to center religion in custody cases in which there is a danger to the child. If a parent's religion has harmful practices that could result in physical or mental harm to the child, the judge has to take this into consideration. 

Depending on the practices involved, the judge could decide in favor of the parent who is not involved in the religion. The judge could also opt to restrict the other parent from practicing his or her religion around the child. The judge has the legal right to act in the best interests of the child.

What Can You Do?

If you believe that the other parent's religion could potentially be harmful to your child, there are steps you need to take prior to court to help establish this. One of the most important steps you can take is to research the religion. Pull information from various sources that are considered credible that can provide a realistic view of the religion. 

If possible, find someone who was once involved in the religion who would be willing to provide a statement or testify. He or she can provide a knowledgeable testimony of what occurs within the religion and explain how it can be harmful to your child. 

You also need to secure an expert who has experience working with children who have been negatively impacted by religious practices in a church. An expert, such as a child psychologist, can help lend credibility to your argument. 

There are many other steps you can take to build the case for why the other parent should not have custody based on his or her religion. Work with your divorce lawyer to find the most effective methods that would apply specifically to your case. 

Contact professionals like McKone & Unruh for more information.

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