How Courts Handle Religion in Parenting Cases

 Posted on November 14,2019 in Children of Divorce

The allocation of parental responsibilities includes the responsibility to make decisions about the religious upbringing of the children. Illinois divorce courts prefer to not be in charge of deciding the religious beliefs by which the parents should raise the children. The state does not want to be seen as favoring one religion over another or dictating how people can practice their religious beliefs. If parents reach an agreement on religious upbringing, the court is instructed to approve it unless there is something unconscionable about the conditions. However, there are circumstances in which the court is forced to intervene in the parents’ religious decisions.

Lack of Agreement

When two sides in a divorce cannot reach an agreement on their own, they must take the argument to the court for a ruling. With religion, parents may disagree on:

• Which religion the children should follow
• Whether the children should be involved in religion at all
• How often the children should attend religious services
• Whether the children must follow the religion’s lifestyle guidelines

As with all parenting issues, the court’s primary concern is what is best for the children. The court will look at the extent of the children’s religious involvement up to this point and the potential consequences to each parent. Forcing children to follow a stricter religious lifestyle than they are accustomed to may make their post-divorce transition more upsetting. A parent can potentially use religion to control the children and limit their time and relationship with their other parent. On the other side of the issue, it may be unreasonable for a parent to demand that the children stop attending religious services if that has been their normal routine up to this point.

Harm to the Children

The state is very permissive when it comes to allowing different religious customs and practices in raising children. The exception is when these customs cause actual physical or emotional harm to the children, though the court will need solid proof of the harm. For instance, the court cannot deny a parenting agreement because it states that the children cannot eat certain foods but may intervene if there is proof that the children are malnourished or sick because of the dietary restrictions. The court may also reject practices that it sees as egregiously abusive to the children.

Contact a St. Charles, Illinois, Divorce Lawyer

Divorcing parents often agree on religious decisions regarding their children, but disagreements can be highly contentious when they do occur. A Kane County divorce attorney at Goostree Law Group will help you focus your decisions on what is best for your children. To schedule a free consultation, call 630-584-4800.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm