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 Oregon, 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 provides for the free exercise of religion, which means that a parent's religion alone is not a valid reason for the court to base its custody decision on. 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 in its decision-making process. In cases of shared custody, each parent is generally free to take part in their chosen religious activities with the child during their respective custody periods, as long as these activities do not harm the child or interfere with the child's best interests.