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Child Custody Disputes Over Religious Practices

While going through a divorce is not something that married couples anticipate when they are first starting out, couples who practice different religions, have children, and later divorce, may face opposing beliefs when it comes to deciding how their children should continue to be raised. In several instances, a divorce provides substantial closure for a couple and they can move on with their separate lives. However, this is a bit more challenging when children are involved and custody issues must be dealt with, especially when an interfaith marriage no longer provides a compromise that used to work.

According to a Chicago Sun Times story, more and more child custody disputes seem to be based on issues relating to religion due to an increase in interfaith marriages. When on better terms, married couples usually can reach an agreement as to how religious teachings and practices will be incorporated into a child’s life. However, divorce can create more tension than what existed during happier times, only fueling the fire of disagreement. Based on the story, the director of DePaul University’s Interfaith Family Mediation Project claims that this pressure of raising a child according to specific religious practices stems from a divorced individual returning to their families. In doing this, a parent may receive pressure from their family to raise the child in their religion as opposed to the ex-spouse’s religion.

In addition, it is speculated that a parent’s fear drives the majority of child custody disputes over religion. For instance, a parent may be concerned about losing a connection with their child if the child follows the other parent’s faith instead of theirs. For many families, holidays and holy days are spent together as a time to celebrate and practice their faith, all while sharing that time and building on their relationships. Some divorced parents are afraid that their child will drift away from them and become closer to members of the other family and closer to the other parent.

Even if a parent does not receive their desired outcome at a child custody or visitation hearing, circumstances change as a child gets older and as a parent’s financial and social conditions evolve. Modifications of child custody and visitation happen on a regular basis, and with the help of a family law attorney, most parents are able to reach a fair solution with the child’s best interest in mind.