Dealing With Parenting Agreement And Religion
Parent’s religiosity is a significant influence when it comes to bringing up children. Parents shape the lives of their children depending on the values and behavior of their religion. If you and your spouse come from different backgrounds and religions, you may work it out to bring up your children, but in case of divorce, things may be different.
Since religion fosters an authoritative or warm parenting style, this becomes tough when both parents do not see each other eye to eye. This is the reason why it becomes a tug of war to come up with a parenting agreement in any divorce.
Religiosity disputes in any divorce mostly happen due to:
- A non-custodial parent arguing the other parent’s religious beliefs are abusive.
- A custodial parent who wants restriction on children learning the other parent’s religion claiming it has no values.
Religiosity And Parenting Plan During Divorce
If you and your spouse are from different religions and are contemplating about divorce, you can choose to develop a parenting plan. That way, you minimize any disputes that may force the court to step in and make decisions on your behalf.
You should agree on whether to have your children continue being exposed to one religion or both. In such cases where religion may have an impact on your parenting plan, it’s advisable to contact a family lawyer in Brampton to protect your parental rights if there seems to be a dispute. Every parent has a constitutionally protected right to have custody of their children; that’s why Canadian Law stresses that parents have joint custody to have an equal share of their children. The court may be reluctant to approve any parenting agreement that was:
- Made before marriage and never considered divorce. For instance, a good parenting agreement should state whether and when the child would be permitted to attend the other parent’s religious service. It’s likely that any agreement made before marriage maybe a couple of years old, which the court may not accept.
- Orally given. If spouses to divorce gave an oral agreement, it becomes hard to determine what the initial agreement was in case of disputes. This shows that it’s better to have a written parental agreement detailing how parenting and religion should be carried out.
An experienced lawyer can advise on whether your religion may affect your child’s custody. Meaning, if a parenting agreement is made on the basis that a child is to attend such religious services, this may come into play if a judge is to make a decision.
When Does Court Enforce Parental Agreements
The court may fail to consider your parental agreement if:
- If both parents never came up with a clear parental plan that favors the best interest of the child, then the court may enforce an agreement.
- There was a post-separation agreement dictating the religion a child would follow.
In case a child is old enough to make their own decisions, the court may deem it vital for the child to choose whether to change religion or move on with the previous religion.
It is good to note that the court cannot compare which religious belief would install good children’s morals. Meaning, there should be no favors in which religion a child should follow. However, no court will allow religion to induce harmful practices, injure or affect child emotions. The court may also not keep on following you to ensure your child goes to the stated religion, and this may seem to intrude into your private matters.
The issue regarding parenting agreement and religion are better decided by an experienced. He/she is capable of understanding whether the religion is for good exposure or abusive indoctrination.
Getting Legal Help From A Family Lawyer
An experienced family lawyer will tell you that any child issues are better settled off by both parents outside court. When making a parenting plan with religion in mind, you can choose to have a mediator go over your case to facilitate and guide you on what may be best. But this is mostly possible if you are to have an uncontested divorce.
But if your spouse’s religion seems to be extreme such that it can harm your child emotionally, you may consider working with a specialist to understand whether this could be an issue. If you have evidence and still thing seems not to work out, you can have your divorce lawyer guide you on the best course of action. If it reaches a point you have to go to the courtroom, you should avoid making negative comments about your spouse; this may be used against you to deny you child custody.
You might consider having your divorce lawyer help you develop a parenting plan that will serve your child’s best interest and ensure both parents have an equal chance of bringing up the children-that is why it’s better to rely on a lawyer’s experience when it comes to such matters.