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 New Hampshire, 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 provides for the free exercise of religion, which means that a parent's religious beliefs alone are not typically a determining factor in custody arrangements. However, if evidence is presented in court that a parent's religious practices are abusive or could substantially harm the child, this can influence the court's decision. When parents have shared custody, they are generally free to participate in their chosen religious services and activities with the child during their respective custody periods, as long as these practices do not harm the child or conflict with the child's best interests.