Do You Have Disputes Over Child Custody And Religion?
One of the issues less thought about when it comes to divorce and child custody is religion. Nevertheless, the topic of child custody and religion proves to be a significant issue among many divorcees. The main question is whether one parent’s religion may affect child custody. While this may not be an issue, the judge may make tough decisions concerning child upbringing in an abusive religion. If you have a dispute concerning your child custody, the best way is to allow top divorce lawyers in Toronto to handle your case.
Is Parent’s Religion Considered In A Child Custody?
There are many reasons why there may rise disputes when it comes to child custody and religion. For one, the judge considers your former agreement on your child’s religious upbringing. If both parents never adhered to their agreement, the judge may be forced to lean towards the child’s best interest. For instance, if a child had been exposed to abusive religious teachings, the judge may limit religious activity. Interestingly, courts are not strict when a child is exposed to two different religions as long as they do not harm the child. The argument is that a parent cannot be denied child custody simply because the other parent is against their religion. However, it has been determined that any agreement may be rejected by the court if:
- There was no explicit agreement about religion:Rarely do parents make formal agreements based on religion. And if there is any, the agreement may fail to specify where and how the child will attend church services or even attend religious classes such as bible studies.
- There was no written agreement: Unfortunately, the court cannot enforce anything that is not enforceable. For any religious agreement to be enforced by the court, it must be written to ensure no disparity where parents have different versions of the agreement. It’s important to note that even if there is a written agreement, it should not be too old.
The main idea is that in case of child custody when religion is involved, there must be a positive reason for that child to move on with the teaching even after separation or divorce.
Will The Court Sort Out Religious Issues On Child Custody?
Courts consider religious matters as personal issues. However, they become a hot topic for some divorcees. No judge can choose a religion for your child. But if both parents seem not to agree, the court may be pushed to require a noncustodial parent to attend to the child’s religious issues. It’s not a wonder some tough decisions such as having a court award sole custody can be made due to abusive religious practices. The best way to handle your case would be to either look for a mediator to help you resolve any dispute or create a workable parenting agreement. However, if your ex-spouse seems too abusive on matters related to religion, you may consider taking a legal step by looking for an experienced family lawyer. You stand a better chance to win child custody if you have legal representation.