When you got married, you knew that you and your spouse follow different religions. At the time, maybe you thought that it wouldn’t be a big deal in your relationship in the two of you could coexist without a problem.
That has changed somewhat after your divorce. The issue is that the two of you have a child together, and you both want the child to be exposed to only your religion. Your concern is that your ex is going to expose the child to a different religion when they have custody. Can you stop them from doing so?
Is the child being harmed in any way?
The big question for the court is whether or not the action of the parent is causing the child some type of harm. This is most obvious in cases where there is physical harm, such as abuse, but they could also consider mental and emotional harm. Essentially, the court wants to figure out what is best for the child and take action to preserve that.
Generally speaking, the courts do not rule that parents can’t expose children to a religion that the other parent doesn’t agree with. They do not see this as a source of harm. The court will usually rule that it’s fine for the child to be exposed to both religions as long as neither parent is taking active steps to interfere with the other parent’s religion.
This can sometimes be difficult for parents to stomach because they do feel like there is real harm being done. They may strongly be opposed to the other person’s religion and they feel that it is detrimental to their child to be indoctrinated into this belief. This could also work both ways, as both parents disagree with the other person’s religion.
But the courts are not in a position to rule on which religion is correct or which one a child should be a part of. As long as they feel that the child is not being actively harmed, they’re likely not going to stop your ex from making the child a part of that religion. By the same token, you are free to expose your child to any religion that you would like.
Your custody rights
This is just one area where parents may have a conflict after a divorce, and it’s important to understand exactly what your custody rights look like.