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Custody and Religion

By Lynne Strober

The issue of religion sometimes plays a role in custody determinations. While differences in religious beliefs may be either inconsequential or highly significant during a marriage, once parents part ways, concerns over the religious upbringing of their children can become as relevant as decisions about education, health, and financial responsibility for their children's lives. Courts typically address issues of religion on a case-by-case basis, engaging in fact-specific analysis to determine custody decisions. Because of the uncertainty inherent in this analysis, parents may be better off trying to reach a resolution outside the court system regarding the religious upbringing of their children.

The clear goal in all custody cases is to protect the child. The sanctity of the family is to be embraced to the extent that it is in the best interests of the child to keep the State from interfering with a family's religious practices. The intention is to keep the State from unduly getting involved in the day-to-day lives of a family unless each parent's approach is very divergent. When the religious practices become highly unusual, a court can examine whether they are unduly burdensome on the child, particularly if these religious practices are new and have arisen after the divorce action.

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