Religion and Child Custody

What religion your child is raised in can be an important decision during marriage. After a divorce or custody case, this issue can become even more complicated.

There is no uniform law regarding this issue; therefore, should one parent argue that the other parent’s religion is “not in the best interests of the child”, the court has no clear guidelines and is left with the decision of choosing whether or not limiting one parent’s First Amendment and parenting rights is, in fact, in the best interests of the child.

In New Jersey, family courts have established some guidelines involving child custody and a child’s faith development. In general, New Jersey courts have held that the primary custodian of the child will have the final say over the religion, religious practices and religious upbringing of the child. The reasoning behind this guideline is that the courts are reluctant to place children in the uncomfortable position of facing additional conflicts and pressures to choose between their parents’ religions. It is important to note, however, that although New Jersey case law has consistently given the custodial parent the right to determine the child’s religion, that right is not absolute, and may be limited in certain situations.

DeTorres & DeGeorge provides experienced representation in custody and divorce cases in New Jersey. Call us today.

Children & Divorce Guide
About DeTorres and DeGeorge Family Law

DeTorres and DeGeorge Family Law is a New Jersey based family law firm that has been helping New Jersey residents achieve the best possible results in their divorce for nearly 30 years. The DeTorres and DeGeorge Family Law team is always ready to fight for their clients’ rights – determined to help New Jersey families overcome legal challenges from start to finish. Our legal team, with over 65 years of combined experience, provides expert guidance on all family law and divorce-related matters, including custody and parenting time, alimony and child support, equitable distribution of assets, premarital agreements, post-divorce issues, executive compensation distribution, divorces for business owners, and divorce mediation. The firm has been recognized for its dedication and expertise in the industry by multiple local and national organizations, including Super Lawyers, Law Firm 500, and the American Institute of Family Law Attorneys. Rosanne DeTorres, Managing Partner, is one of 150 lawyers certified as a matrimonial law attorney.

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