When parents have different religious beliefs, they do not always agree on which religion their children should follow after a divorce. Interfaith marriages are increasing, as are divorce rates -; and the topic is being handled with increasing regularity by Irvine CA Family Law Attorney. In this article, you will learn more about how divorce can affect children’s religious upbringing.
The Child’s Interests vs. Parents’ Rights
When a court is asked to resolve a disagreement between divorcing parents, they have to strike a delicate balance. The court must protect parents’ First Amendment rights, but they must also protect the child’s best interests.
Custody, Religion and the Law
The Supreme Court hasn’t yet decided a custody case concerning religious upbringing, and there’s no national law on the subject. State laws vary widely, and most courts use one of these three standards in such cases:
• Substantial/actual harm -: The court can restrict a parent’s rights only if their religious behaviours cause harm to the child.
• Risk -: Religious and parental rights can be restricted if they may harm the child at a later time.
• No harm necessary -: Custodial parents have the exclusive right to handle their children’s religious upbringing.
• Substantial/Actual Harm Standard
A court using this standard will restrict a parent’s religious activity only if the custodial parent proves that the activity is detrimental to the child’s well being. Most states use this standard, but decisions made in one state do not have to be followed in other jurisdictions.
Risk of Harm Standard
In a few states, courts use a different standard when deciding cases involving custody and religion. Here, parents wanting to stop the other parent’s religious behavior don’t have to prove harm to the child -; only that there is a risk of future harm.
No Harm Necessary
In limited areas, courts don’t use the substantial harm or risk standards. Instead, these jurisdictions rule that the custodial parent has the sole right to dictate the child’s religious upbringing. If a dispute arises, the court defers to the custodial parent’s wishes.
In cases where joint custody is awarded, it may be permissible to teach from both religions. Divorce is difficult, and in these cases, it can be hard to decide which religion the children will follow. A Irvine CA Family Law Attorney can help you and your ex-spouse reach an agreement that works for everyone involved.
