The matter of religion is a subject often discussed in most divorce proceedings. When couples of different faiths go their separate ways, the question on which religion the kids should follow is an important aspect of parental responsibility.
Colorado laws dictate that the court will determine who makes important decisions for the child, who they should live with, and how visitation arrangement goes.
The first factor mentioned is also known as legal custody. This principle is what affects the decision on which religion the child will follow after divorce. To know more how this concept affects religious upbringing of children, a Denver CO divorce lawyer can help you with understanding the best interests of children and certain restrictions of the law.
The Child’s Best Interests
Courts grant custody based on a child’s best interests. The jury considers each spouse’s wishes and the child’s relationship with the parents. They also take into account how the child will adjust to school and the general community they will be raised in. The health of all parties involved is also considered.
Both spouses must be able to prove to the court what is in the child’s best interests. Thus, if you think your ex-spouse’s religious customs will not promote your child’s best interests, you have to show proof that this is the case.
Because the legal concept of a “child’s best interests” involves complex matters, it is best to consult a lawyer. Working with Colorado divorce lawyers can help you get a better understanding of the concept and use strategies that will help protect your child’s welfare.
The Legal Concept of Actual or Substantial Harm
When deciding who has the right and responsibility to teach religious practices, Colorado family law follows the legal principle of actual or substantial harm. If the jury determines that a particular faith will cause harm to the child, it will put limits to the rights of the parent to share spiritual teachings.
Child custody is a tough battle. You are not just fighting for your right, but also for your child’s welfare. It is best to work with a family law attorney, especially given all the legal complexities of this divorce matter.