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 Oklahoma, as in other states, the primary concern in child custody arrangements is the best interest of the child. The religion of the parents is not typically a factor in determining custody 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, the court may consider this in its decision. Oklahoma courts will not favor one parent over the other based solely on religious beliefs. When parents have shared custody, they are generally free to participate in their chosen religious activities with their child during their respective custody periods, as long as those practices do not harm the child or impede the child's welfare.