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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 Delaware, as in other states, the court's primary concern in determining child custody arrangements 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 decisions. Delaware courts will not favor one parent over the other based on religion unless there is evidence that a parent's religious practices are harmful to the child or not in the child's best interest. When parents have shared custody, each parent is typically free to involve the child in their religious activities during their respective custody periods, provided that doing so does 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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Delaware State Code

Delaware State Code

Child custody

religion

Articles