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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 New York, as in other states, the primary concern in child custody decisions is the best interest of the child. Courts will not use the religion of the parents as a factor in custody arrangements due to the protections afforded by the First Amendment of the U.S. Constitution, which guarantees freedom of religion. However, if there is evidence that a parent's religious practices are abusive or could substantially harm the child, this may be taken into consideration. In cases where parents have shared custody, each parent is generally free to engage in their chosen religious activities with the child during their respective custody periods, as long as those practices do not harm the child or conflict with the child's best interests.

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Child custody

religion

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Child custody

religion

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