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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 South Carolina, as in other states, the primary concern in child custody cases is the best interest of the child. Courts will not make custody decisions based on the religious beliefs of the parents due to First Amendment protections. However, if it is proven that a parent's religious practices are harmful to the child or not in the child's best interest, the court may consider this evidence when making custody decisions. When parents have shared custody, each parent is typically free to participate in their chosen religious activities with the child during their respective custody periods, as long as those activities do not harm the child or interfere with the child's best interests.

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Child custody

religion

Individual & Family Legal Plan

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South-Carolina State Code

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Child custody

religion

Articles