ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Custody

If one parent is religious and the other is not, may the court favor the more religious parent?

Normally, no. Under the First Amendment to the U.S. Constitution, both parents have a right to practice (or not practice) religion as they see fit. A judge cannot make value judgments about whether a child is better off with or without religious training or about which religion is better. If a child has been brought up with particular religious beliefs, and religious activities are important to the child, a court might favor promoting continuity in the child's life, but the court should not favor religion per se. In some cases, a parent's unusual or nonmainstream religious activities may become an issue, especially if specific harm to the child is shown.