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 Rhode Island, as in other states, the primary concern in 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 there is evidence that a parent's religious practices are abusive or could substantially harm the child, the court may consider this in its determination of custody arrangements. When parents have 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 welfare. Rhode Island courts will avoid making decisions that appear to favor one parent's religious beliefs over another's, focusing instead on the overall well-being and best interests of the child.