Child Custody and Religion

 Posted on August 26, 2015 in Children of Divorce

For many families, the question of the children's religious upbringing can be a contentious topic. Parents of different faiths, and sometimes even parents of the same faith, can find themselves in conflict over the religion in which to raise their children and the extent of the role that religion plays in their lives. After a divorce, you need to be able to work with your former spouse to raise your child. This will require you to communicate and be willing to compromise with each other on certain issues. One of these issues might be your child's religious upbringing.

Who Gets to Determine Your Child's Religious Upbringing?

Under the Illinois Marriage and Dissolution of Marriage Act, the custodial parent has the right to choose the child's religion and related training, such as parochial school, cultural traditions, church attendance, and after-school religious activities. Unless there is a significant reason why the custodial parent's religion is not in the child's best interest, the court will support the custodial parent's decisions regarding his or her child's religious upbringing.

When the parents share custody of their child, the court can determine which religion is in the child's best interest if the parents cannot agree which religion is best for their child.

Religion and Your Child's Safety

If the court determines that a religion or its specific practices are harmful or unsafe for a child, it may step in and prohibit a parent from raising his or her child in that religion. In Illinois, a non-custodial parent who feels that his or her former partner is harming their child through religious practices or traditions must file a petition with the court to change the child's custody order to allow the non-custodial parent to have greater input to the child's religious upbringing.

Before you take the steps to file a motion with the court to change your child's custody order, talk about your case with a qualified family attorney. He or she can determine if you have grounds to file a custody motion and if so, guide you through the steps of taking legal action. Do not make false accusations about your former partner's religious practices in an attempt to get a greater share of custody of your child. When you claim that your child has been harmed, you will need to provide evidence to back up your claim. If your claim is unsubstantiated, it will be rejected and reflect poorly upon you in future interactions with the court.

Family Attorneys in Kane County

To learn more about the divorce process and ways to work effectively with your former spouse after your marriage is over, contact Goostree Law Group to discuss your case with a passionate Kane County family attorney at our firm. We can help you understand how the court makes its decisions about child custody and care. We can also represent your case during the divorce process. Do not wait to begin working with our firm – contact us today to schedule your free legal consultation with a member of our team.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K608.htm

https://www.psychologytoday.com/blog/nurturing-resilience/201503/when-do-religious-values-harm-children-when-do-they-help