My Ex and I Can’t Agree on What Religion to Raise Our Child. How Do Florida Courts Handle This?

Having a relationship with someone from a different faith can be complicated; negotiating your child’s spiritual upbringing after a divorce from someone of a different faith is even harder. Religion is a major component of many families’ lives – it can impact traditions, foods, language, schooling, even clothing choices. Seeing your child being encouraged to take on beliefs different from your own can be emotionally difficult. Is there anything you can do about it?

The first amendment gives all Americans the right to practice any religion. Similarly, all Americans have the right to raise their child in the religion of their choice. The courts will not interfere with this right. This means that during each parent’s parenting time, they have the right to expose the child to the religion of their choosing. This includes having the child attend worship services, celebrate holidays, etc. This allows both parents the opportunity to educate the child in their religion’s customs and beliefs. If a parent tries to cause the child to view the other parent’s religion negatively, the courts may consider that parental alienation.

There are, however, a few instances where the courts may intervene. The first is if there is a component of the religion that causes harm to the child. This is typically something that causes physical harm, such as denying medical treatment if the child is ill, but it can include situations that cause the child emotional distress or negatively impact the child’s mental health.

Another exception is with an older child. If a teenager has spent their whole life being raised in one religion, has firmly established their own beliefs, and wants to keep observing their chosen religion, the courts may allow them to do so since forcing them to start following a new belief system at this point could cause emotional distress.

Often times, when parents disagree on religion, the issue of where to send the child to school arises. One parent may prefer that the child attend a religious school or homeschool, another parent may prefer a secular school. The courts will generally attempt to have the parents negotiate this through mediation. If the parents reach an impasse, the court will give one of the parents the responsibility to make educational decisions for the child. It’s important to note that in doing so, then court is not choosing a religion, they are choosing a parent who will make the ultimate decision over all educational matters.

If you are thinking about divorcing someone of a different faith and want to understand how the courts may look at your situation specifically, contact Troy Legal. We have guided hundreds of South Florida families through the divorce and custody process and are here to help you.