Even in this era of religious freedom, sometimes you are not as free to practice your religion as you might want; at least in California divorce court. If you and your spouse are divorcing and deciding, with the help of an experienced divorce lawyer, how to split custody of your children, you must consider your religious beliefs and their importance in your life. At least if you want your child to share your religious practices.
So do you want your child to be raised in a certain religion? That can be affected by whether you have joint or sole custody of your child. If you have been awarded sole legal custody of your minor child, then you alone can make all the decisions that affect your child’s health, welfare, education, well being, religious and medical decisions and concerns without the consent of the other parent or order of the court.
But if you and your ex share joint custody of your child, then your ex can rightfully (in the eyes of the law) object to any of the decisions you are making for your child, including about your child’s religion. Joint Legal custody encompasses the joint decision making of the parents as to the minor child’s health, welfare, education, medical needs and religious upbringing. There’s a good chance you and your ex will have to go back to court hash this issue out for a judge to make a determination as to whether your child can be raised as a Catholic, Buddhist, etc…
Divorce is rarely easy. If you or someone you know is involved in an issue involving the legal custody of your child, call or contact an experienced family law attorney today. If you are considering divorcing your husband or wife, it is important that you discuss your options; including child custody, with a knowledgeable California divorce lawyer.
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