Select your state

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 Georgia, as in other states, child custody decisions are primarily based on the best interests 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. Georgia 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 respective religious activities during their custodial periods. However, if there are specific concerns about the child's welfare related to religious practices, the court may consider these factors when making custody determinations.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Child custody

religion

Individual & Family Legal Plan

Articles

Georgia State Code

Georgia State Code

Child custody

religion

Articles