Child Custody Laws And Religious Conflict: Advice For Parents
When parents decide to separate, the courts must consider many factors as part of their application for child custody. In some cases, religion complicates these proceedings. It's often complex enough when both parents follow the same faith, but if the mother and father have different religious beliefs, these cases can become extremely difficult. Learn how the courts will view religious disputes as part of a child custody case, and understand how the law applies in these cases.
The issue of child custody and religion
In child custody cases, the court must reach a decision that balances the parents' religious rights with the child's welfare. In some instances, one parent may strongly oppose the religious situations that the other parent's faith will place the children in.
Not all religions lead to a conflict of interests in child custody cases. For example, Mormonism and mainstream Christianity share similar principles. A child is likely to attend church on a Sunday and study the bible with either parent. Unfortunately, in other cases, opposing views can make it almost impossible for both parents to dutifully follow their faith.
For example, Orthodox Jewish boys traditionally wear their hair in long curls (called payes). If one parent decided that he or she wanted to cut off these curls, the action could fundamentally challenge the other parent's faith. In this case, a court may have to rule against one of the parents.
How courts make decisions in these cases
In the United States, there is no national law that applies to religion and child custody. As such, state courts will generally decide what should happen, and laws vary from one state to another.
State laws will normally consider each case according to three legal standards. These are:
- Actual or substantial harm. The court will overturn the custodial parent's rights because their religious conduct could harm the child.
- Risk of harm. The court can restrict the custodial parent's conduct if there is evidence their behavior could harm the child in the future.
- No harm required. The court always defers to the custodial parent's belief, even if the non-custodial parent objects. The court will have no evidence that the child is or may become at risk.
These standards can also apply where parents have joint custody. In the first and second standards, the courts may overturn one parent's decision. In the third standard, the court will decide that the two parents' religious beliefs do not present any risk, and they can raise the child within two religions.
The role of mediation
State courts do not favor one religion over another and will consider each case on its merits. That aside, to avoid lengthy court battles that may cause a lot of emotional issues, some state courts now insist that parents go through mediation to try to resolve these problems. These courts will only hear the child custody cases when mediation fails.
For example, in Connecticut, parents must first meet a family relations specialist. If this does not succeed, they must then attend a full day session with a panel of experts, including a lawyer. As such, if you intend to cite religion within a child custody lawsuit, you should find out what mediation steps you need to take before the court will hear your case.
Getting legal support
An experienced child custody lawyer can help you navigate these complex cases. He or she can help you collect the evidence you need to present your case to the court. For example, your lawyer may recommend that you take your child to a mental health professional to establish how the child feels about the other parent's religious activities.
A trained attorney can also help you check any parenting agreement that relates to a child's religious upbringing. In some cases, a court will not uphold these agreements if the document is vague, too old or not in writing, but an experienced lawyer can help you work through these challenges. It's important to get legal advice as early as possible.
Child custody cases are often complex, but religious differences can complicate the proceedings further. It's difficult for courts to rule based on personal beliefs, so it's vital that you work with a lawyer to present a compelling case. Click here for more info about the role of a child custody lawyer.