Religion and Child Custody
The freedom to believe and practice your religion of choice is a complicated and controversial topic in American society. Due to the rapid rise in globalization and immigration, there is a vast array of religions that are practiced in the U.S. Furthermore, more and more people have chosen to marry people of differing faiths and cultural backgrounds. This can create a rich environment for children to grow up in but can be problematic in the event of divorce.
If you are facing divorce and are unsure how to confront the complexities of splitting a multi-faith household, call the experienced San Jose divorce lawyers of the law offices of Daniel Jensen at 408-296-4100 to better understand the legal complexities of your case.
How Do Courts Decide?
Not every court deals with the issue of religion and child custody the same way. Courts must consider First Amendment rights as well as a parent’s right to raise their children how they choose. A majority of states in the U.S. weigh the possibilities of harm to the child when making a decision. The following three actions could be implemented:
- A parent’s rights may be modified if their religious observances could harm the child.
- The rights of the parent are limited if their religious beliefs could put the child at risk in the future.
- The custodial parent gets to bring up the child with the religion of their choice.
In the state of California, the courts use the Harm Standard to regulate parental religious rights in regards to their offspring.
Contact Us
If you or someone you know is concerned about the religious upbringing of their children following a divorce, it is best to seek legal counsel. Contact the San Jose divorce lawyer of the Law Offices of Daniel Jensen at 408-296-4100 to learn more.
