Differing Religions and Child Custody: An Emotionally Charged Issue

The United States is an extremely diverse nation composed of many different cultures and religions. With such a varied number of religious beliefs and practices, combined with an increase in interfaith relationships, the question of religious upbringing is becoming more and more common in child custody cases. Determining the religious upbringing of a child can be a challenging, emotionally charged issue that can cause a number of conflicts for parents and no easy answers when left to the courts’ discretion.

When the courts are called upon to settle disagreements regarding a child’s religious upbringing, a balancing act is required to protect a parent’s rights to practice their religion and parent as they choose combined with the best interests of the child. The First Amendment limits the courts’ restriction of a parent’s rights when it comes to sharing religious beliefs, traditions, and practices with their children. If one parent complains that the other parent’s religious activities are not in the best interest of the child, the court has a difficult job. It must then determine if it’s necessary to encroach upon a parent’s First Amendment and parenting rights by limiting the religious practices in a household.

At this time, there is no national standard for religious upbringing and child custody, so laws vary from state to state. In Maryland, the legal standard of “actual or substantial harm” is applied. This states that the court will restrict a parent’s First Amendment or parenting rights only if the parent’s religious practices cause actual or substantial harm to the child.

Since religious upbringing is a highly personal matter, it’s advisable that parents make an effort to sort out their differences and draft a written parenting agreement addressing the subject. Such an agreement should be put in writing; content should be very detailed and updated on a regular basis. It’s important to keep the following tips in mind when creating an agreement:

• Determine if joint consent is needed for religious practices: Certain decisions regarding a child’s religious upbringing may require both parents’ consent, such as religious education, ceremonies, and formal membership or affiliation. Both parents need to be aware of any upcoming issues that require joint consent, so conflict can be alleviated in the future.
• Respect traditions in each home: A child should be permitted and feel comfortable celebrating the religious practices in each parent’s home without feeling criticized. As the child ages and begins to make decisions about their own religious beliefs, they should be free from judgment.
• Ensure schedules work according to religious practices: It’s important that a child’s schedule align with the religious practices in each home. For example, keep in mind worshipping days and times, restrictions during certain times (such as driving), and other matters that differ based on various religions.
• Design a plan for religious ceremonies: Religious events such as baptism, confirmation, or bar or bat mitzvahs require careful consideration to ensure that each family is included. A mediator or other outside party may be helpful with issues such as invitations to the event, participation in the ceremony, and financial responsibility.

Whether child custody is a result of divorce or of some other type of relationship, it’s always a challenge to decide the best way to raise a child when competing concerns are an issue. An organized, comprehensive parenting plan can often mean the difference between conflict and harmony when it comes to raising a child in multi-faith households.