Can Diverse Parental Religious Beliefs Affect Child Custody? | IL

 Posted on August 31, 2024 in Divorce

There are plenty of things parents disagree about during a divorce, and child custody is certainly at the top of the list. In the state of Illinois, child custody is now referred to as the allocation of parental responsibilities. Judges make custody and pargeting time decisions based on the best interests of the child. Regardless of what the parents want or need, the best interests of the child always take precedence.

What happens when the best interests of the child and the rights of the parent collide? Perhaps the parents have different religions with vastly different beliefs, or one is very religious while the other is an atheist. If each parent is adamant that the child be raised according to his or her own beliefs, how will a judge make this determination? While the parents' religious beliefs will not determine custody, they could have some influence over custody decisions. 

Significant decisions are usually shared between parents and include education, non-emergency medical decisions, and religious upbringing. Parents with joint parental responsibilities work together in theory to make the best decisions for the child in these situations. In the case of religion, parents also have certain rights under the First Amendment, which protects freedom of religion. If you find yourself facing a similar situation, it is important that you speak to a knowledgeable St Charles, IL custody lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC. 

How are Religious Decisions Different from Educational and Medical Decisions?

Under the First Amendment, courts may not compare the abstract merits of one parent’s religion over the other. The only exception to this rule is that a court will not allow a child to be injured – physically or emotionally – by a religious practice, although harm must be proven in order for religion to be factored into custody decisions. 

Consider the scenario when one parent has primary parental responsibility and the other parent wants to heavily involve the child in a different religion during their parenting time. If the parent with primary parental responsibility has equally strong religious convictions, which will prevail as it applies to the child?

Although many courts have concluded there is nothing inherently harmful about exposing a child to two different religions, if one parent deliberately interferes with the religious choices of the other, then harm to the child may occur.  Two religions could be entirely at odds with one another regarding beliefs and teachings, which could be confusing to a child. 

An Illinois family court will examine the facts specific to the case and use the "harm standard" to determine whether the child’s best interests would be served by allowing or preventing exposure to the parent’s religion. If there is no risk of substantial harm, the court may allow it, despite one parent’s objections.

Can a Judge Force a Parent to Allow the Child to Convert to a New Religion?

Suppose both parents were raising their child in the Catholic faith prior to the divorce. After the divorce, the father – who has joint decision-making authority – marries a woman who is a Mormon, and the father wants the child to change religions. The mother objects. In this situation, the judge cannot force the mother to allow the child to convert to a new religion, but the mother cannot stop the father from taking the child to his church during his parenting time.

If the child had been a member of a particular religious congregation for a considerable time prior to the divorce, a judge might decide that the child should be allowed to continue participating in that religion. Again, this does not mean the other parent is not allowed to take the child to a different church during their respective parenting time.

Contact a Kane County, IL Child Custody Lawyer

When you choose Mirabella, Kincaid, Frederick & Mirabella, LLC, you have taken the first step toward ensuring your rights and those of your child are protected. Our experienced St. Charles, IL child custody attorneys will advocate strongly for you throughout the entire process. MKFM Law serves our family law clients at our offices in Kane County and DuPage County. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 to schedule an initial attorney meeting.