The religion of one or both parents generally won’t be the basis for a court’s decision on child custody arrangements—due in part to the protections of the First Amendment to the United States Constitution—unless the evidence introduced in court shows the religious practices are abusive or will likely have a substantial harmful effect on the child, and will not be in the child’s best interest. In most circumstances parents with shared custody of their child will be free to engage in their choice of religious services and activities with the child during their time of custody.
In Alabama, as in other states, the primary concern in child custody cases is the best interest of the child. The religion of the parents is not typically a deciding factor in custody arrangements due to First Amendment protections of religious freedom. However, if there is evidence that a parent's religious practices are abusive or could substantially harm the child, the court may consider this in its decision. Alabama courts will generally not restrict a parent's right to engage in religious activities with their child during their custody time unless it is shown to be detrimental to the child's well-being. The standard applied is whether the religious practices have a direct and substantial impact on the child's welfare.