When parents with different religious beliefs get divorced, there may be some debate as to which parent will be able to have the greater influence on the children’s religious upbringing.
There are several standards courts will use in family law cases regarding decisions about religion. They are as follows:
The type of standard the court uses will vary from location to location. Judges will have plenty of discretion in determining whether or not the standard is met.
There are other factors to consider. If a child is old enough, the court may allow the child to make his or her own religious decisions. If not, the court will first consider who has legal custody of the child.
If the parents share legal custody, courts will also consider the religion in which the child was raised. Typically the court will be hesitant to allow one parent to change the child’s religion if the other parent will continue to practice the same religion in which the child has been raised. But if both parents change religion after separating, this could add some complications. The court may allow both parents to teach their children their new religion, or may allow the parent with primary physical custody to decide.
For more information about how courts will handle issues with religion after a divorce, contact an experienced Minnesota divorce lawyer at Appelhof, Pfeifer & Hart, P.A.