Will our religious beliefs affect child custody?
When determining custody, a court may consider the religious beliefs and practices of a parent. Further, at times, a court has considered which parent would be in the best position to promote the child’s religious or spiritual welfare, or in which home would the child have superior facilities for attending church.
Although, a court may consider a parent’s religious beliefs, custody may not be conditioned on the parent’s curtailment of his or her religious activities or beliefs. Any order prohibiting the noncustodial parent from exposing the child to the parent’s religious practices is improper, absent a clear and affirmative showing that the practice would be harmful to the child. Without showing such a harm, a prohibition infringes on the parent’s right to exercise his or her religious beliefs.