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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 Idaho, 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. However, if it is proven that a parent's religious practices are abusive or could substantially harm the child, the court may consider this evidence when making custody decisions. In cases of shared custody, each parent typically retains the right to involve the child in their respective religious practices during their custodial periods, provided that these activities do not harm the child or impede their best interests.

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Child custody

religion

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Idaho State Code

Idaho State Code

Child custody

religion

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