For many parents, exposing their child to religion (or avoiding it altogether) is one of the most important aspects of parenthood. When parents are divorced and the parents have different ideas on what sort of religious services and ideas that the child should be exposed to, disagreements can arise. Religion and child custody can then be a source of conflict between the parents, leading to the question of what parent’s preferences will win out. Below we take a brief overview of how California treats this sometimes difficult topic.
Why Determining Legal Custody is So Important
In a California divorce, the parents or the courts will have to decide two separate questions related to custody:
- Whether there should be joint or solo legal custody, and
- Whether there should be joint or solo physical custody.
The second of these questions – physical custody – determines which parent the child will live with, and, if there is joint physical custody, the child will live with both parents, usually on a weekly schedule. The parent who has legal custody on the other hand will have the power to make important decisions on the child’s behalf, which includes decisions regarding medical and educational issues, as well as what types of religious practices, if any, the child will participate in.
When One Parent Has Sole Legal Custody
If one parent has sole legal custody over the child, then that parent will have the power to decide whether or not the child engages in religious activities such as church or synagogue services. The other non-custodial parent may still object to the religion-related parenting choices made by the custodial parent, but a California court will only step in to restrict the parent’s custodial rights regarding religion if the religious practices presents substantial or actual harm to the child. There is not a clear factual boundary for what this involves, but regular church or religious school attendance would in many cases fall well short of that standard.
When Both Parents Share Legal Custody
If both parents share joint legal custody over the child, then they will have to decide together regarding the child’s participation in religion. A common scenario is that one parent wants a child to attend religious schooling, but the other parent disagrees.
Because parents have various constitutional rights to raise their children as they see fit and participate in religion, courts are reluctant to step into matters involving religion and parenting, and will do everything they can to encourage the parents to resolve the disagreement amongst themselves. But, ultimately, if the parents cannot agree, they may have to go to court to have the judge decide the issue for them.
The judge will make his or her decision based on the best interests of the child, and the judge has significant discretion in making this decision, but an experienced family law attorney can provide you with the insight and guidance on how a judge might decide in your situation.
For any questions on custody law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.