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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 California, when determining child custody arrangements, the court's primary concern is the best interest of the child. The religion of the parents is not typically a factor in these decisions 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 information when making custody decisions. In cases of shared custody, each parent is generally free to participate in their chosen religious activities with the child during their respective custody periods, as long as these activities do not harm the child or interfere with the child's best interests.

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Child custody

religion

Individual & Family Legal Plan

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Child custody

religion

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