When parents’ divorce they not only have to make decisions regarding parenting time (child custody), but they must also decide who will make significant decisions for their child, which might include decisions about where a child will attend school, what medical interventions they will undergo, or what their child’s religious upbringing will be.
Parental responsibility may be allocated to both parents to make all decisions jointly, divided along certain issues depending on parents’ preferences, or sometimes, the court may allocate parental responsibility to one parent to handle all decisions or narrow the decision making responsibility to a single issue that the parents disagree on.
Not surprisingly, parents do not always see eye to eye when it comes to making consequential decisions for their child, which is especially true when parents are conflicted over their child’s religions upbringing. When divorcing parents simply cannot agree, the courts may step in, balancing parental rights, religious freedom, and perhaps most importantly, the child’s best interests when allocating parental responsibility.
To illustrate the point, it is helpful to review a handful of notable cases highlighting legal standards used to decide cases involving the religious upbringing of a child::
- Munoz v. Munoz (Washington, 1971) Custodial parent – a practicing Catholic – objects to the non-custodial parent exposing their child to another faith. Court rules that exposure to both faiths does not inherently harm child, allowing each parent to share their beliefs during their respective parenting time unless harm could be proven.
- Peter V. Peter (Ohio, 1992) Custodial parent adheres to strict religious beliefs of shunning non-members, which the non-custodial parent objected to due to isolation of the child. The court found no evidence of mental or physical harm to the child and did not restrict the custodial parent’s right to raise the child in her faith.
- In re Marriage of Boldt (Oregon, 2008) Mother disputes whether a 12 year old male child should be circumcised in accordance with the father’s religious beliefs. The Oregon Supreme Court remanded the case back to the trial court to consider the child’s preference in light of his age and maturity.
- More recently, a Maine case involving Calvary Chapel (2024 ongoing) where the court granted sole authority for religions upbringing to a child’s father, barring the mother from taking their child to her church which the father and a cult expert claimed the teachings are psychologically harmful. The case is pending at the Maine Supreme Court, where the mother, represented by Liberty Counsel, says the ruling violates her first amendment rights.
Keep in mind that most states require evidence of physical or emotional harm to restrict a parent’s religious activities around their child while others allow restrictions if harm is likely in the future. Certainly all courts including Illinois prioritize the child’s welfare, balancing parental rights with the child’s emotional and physical well-being.
Parenting disputes are not uncommon, especially when it comes to religious beliefs. Conflicts can intensify when interfaith marriages end in divorce or even when post-divorce religious conversions lead one or both parents to prioritize different faiths after separation. It is important to work with an experienced family law attorney to draft a detailed parenting plan to prevent conflicts regarding parental responsibility, including religious upbringing. A skilled negotiator can help parents find middle ground or represent your and your child’s interests in court when compromise is not possible. Contact Illinois family law attorney Ronald L Bell & Associates for assistance at 847-495-6000.