When A Parent Can Lose Custody By Not Raising Children Under The Religion Of The Custody Agreement
Many sensitive issues need to be resolved in a divorce, but among the most contentious is religion. As more people enter interfaith marriages, the number of custody battles over the religious orientation of the children is increasing.
Before signing a divorce custody agreement, it is important to consider the potential outcomes of not complying with the agreed-upon terms for the religious upbringing of children. Failing to do so could result in your losing custody of the children.
Failing to Comply With Child Religious Upbringing Agreements
If a custodial agreement specifies the children will be raised under a certain religion, both spouses will be required to comply with it. A spouse failing to bring the children up under the practices of that religion can result in custody being revoked and only supervised visitation being allowed.
That was one outcome in a drawn-out case Weisberger v. Weisberger. The District Court ruled the wife could retain custody, although she no longer strictly raised the three children under the practices of Hasidic Judaism. On appeal in 2012, the father was granted sole legal custody and the mother supervised visitation. In 2017, the decision was reversed. The mother regained full custody of the children but under the condition that she raise them in compliance with Hasidic Judaism.
Raising Children Under Two Religions
In a recent New York case Cohen v. Cohen, the question was not if the father would serve kosher food and respect Hasidic Judaic education and other practices while the children were with him — it was if he, himself, had to practice the Hasidic religion under which the spouses jointly raised the children before the divorce.
The Supreme Court judge agreed that the father was only obligated to provide the children with religious direction but it was unconstitutional to force him to comply with the cultural practices of Hasidic Judaism. Furthermore, most states have held that the father may also expose his children to his own religion.
Harm to the Child Exceptions
However, if you fear that the religious beliefs of your spouse could cause harm to your child, a divorce attorney can advise you on circumstances under which you could demand the children not be exposed to the religion. Several exceptions have been made by the courts when harm to the child is of concern: when exposure to the two religions causes the child distress and when a religion is considered to be extreme.
To learn more, contact a resource like Robert E Long & Associates, Ltd.
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