In making child custody orders, the Court must determine the best interest of a child. Each parent will present a set of facts and circumstances to the Court, which includes the parents’ religious training. The Court will take into account all the facts and circumstances before making an order. It is important to have an Orange County child custody lawyer who is knowledgeable in the area of child custody and can provide you with the best representation available.
As provided by the U.S. Constitution, the First Amendment limits the Court’s ability from making orders that hinder a parent’s religious observances and discussions. However, the First Amendment does not prevent parents’ from asking the Court to consider the child’s religious heritage and history in custody actions. In this type of situation, the Court must delicately balance religious heritage and preference with making orders that bar or require religious observance.
In Wisconsin v. Yoder, the U.S. Supreme Court held that the government violated the First Amendment when it encroached upon the parents’ fundamental right to raise their child in a particular faith. However, in child custody matters, the Court may limit a parent’s freedom of religion if there will be substantial harm to the child. Such substantial harm does not include general confusion about religious doctrines or pressure on the child.
Overall, the Court must balance a parent’s First Amendment right to freedom of religious expression and the child’s best interest. Wallin & Klarich has experienced Orange County child custody lawyers who can help you with any custody and religious concerns you may have. Call toll free at 888-749-7428 to speak with a lawyer today.
