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Child custody

religion

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 Arkansas, as in other states, the primary concern in child custody decisions is the best interest of the child. The First Amendment to the U.S. Constitution protects religious freedom, which means that a parent's religion alone is not usually a determining factor in custody arrangements. Arkansas courts will not make custody decisions based on the religion of the parents unless there is evidence that the religious practices are harmful to the child or not in the child's best interest. When parents have shared custody, they are generally free to participate in their chosen religious activities with their child during their respective custody periods. However, if there is a concern that a parent's religious practices could negatively impact the child's welfare, the court may consider this in its determination of custody and visitation arrangements.

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Child custody

religion

Individual & Family Legal Plan

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Arkansas State Code

Arkansas State Code

Child custody

religion

Articles