Colorado Springs Child Custody Attorney: Child Custody Agreements and Religion

One of the touchiest situations in the “post-divorce” parenting world is how to handle a child’s religious upbringing, and it is one of the toughest battles to fight in a Colorado family court.  If you have an existing agreement that spells out how these decisions will be made, a Colorado Springs child custody attorney can help you enforce it, but the courts will rarely make a new ruling about which religion the children will follow.

Post-divorce disputes about religious practices can get really ugly; especially when one spouse abuses their decision-making power or makes radical changes to their religious beliefs.  While most parenting plans address the issue of religious upbringing, and this type of agreement may be used in an enforcement hearing, most courts will reject any agreement that specifies which religion will be followed.  This is because any such stipulation could be interpreted as a violation of First Amendment rights.

Even if your parenting agreement contains language about religious training, it probably doesn't specify the degree or frequency of that training, and most do not prohibit the child from attending the non-custodial parent’s place of worship.  However, after divorce a dispute may arise if you feel your child is becoming confused about their religious beliefs. 

Since most agreements are too vague about religious training, they can be difficult for a court to enforce.  The only remedy for this is to create a new agreement that will specify very clearly the religious upbringing of your children.  It can include the nature of religious services and events that your child will attend, as well as any church-affiliated youth programs. 

If you are planning to enforce or amend an existing parenting plan that involves the religious upbringing of your children, consult with a Colorado Springs child custody attorney. The team at Clawson & Clawson, LLP is ready to help with all of your family legal needs.