Who Determines My Children’s Religion in an Illinois Divorce?

January 13th, 2025 by Tiffany Hughes

Going through a divorce in Illinois can be a challenging and emotionally turbulent time, especially when children are involved. Among the many important decisions that need to be made, determining your child’s religious upbringing can be particularly sensitive and complex. In Illinois, like in many other states, issues regarding children’s religious upbringing are handled with careful consideration for the rights and best interests of both parents and the children involved.

What Constitutional Protections Do Parents Have Regarding Religion?

Parents are afforded constitutional protection of free exercise of religion under the First Amendment of the U.S. Constitution, which prohibits courts from showing favoritism toward any particular religion. In protecting a parent’s First Amendment rights, family law judges are not permitted to base custody decisions on a parent’s religious beliefs or to penalize a nonreligious parent in terms of child custody. Moreover, judges are not empowered to dictate a child’s religion; that First Amendment right of free exercise of religion resides exclusively with the parents.

This principle of religious neutrality does come with an exception – courts will intervene if a child is endangered by a religious practice, either physically or emotionally. However, in many instances, there must be clear and demonstrable evidence of actual harm for the courts to prioritize one parent’s religious beliefs over another.

What is the Law on Religion in Custody Cases?

As the U.S. Supreme Court has yet to rule on a case involving child custody and and parental rights regarding religious upbringing, the legal landscape varies from state to state. Most state courts adhere to one of three legal standards when parents clash over religion:

1. No Harm Required: The custodial parent holds exclusive authority to influence the child’s religious upbringing. If the custodial parent opposes the religious activities of the noncustodial parent, courts typically defer to the custodial parent’s wishes.
2. Risk of Harm: Courts may curtail a parent’s First Amendment rights of free exercise of religion if they believe that parent’s religious practices could potentially harm the child in the future.
3. Actual or Substantial Harm: Courts will restrict a parent’s First Amendment and parental rights only if that parent’s religious practices directly cause actual or substantial harm to the child.

What Happens When Parents with Joint Custody Have Different Religious Beliefs?

In cases where parents with joint custody adhere to different religions, family law courts prioritize the best interests of the child. Courts have generally found that a child exposed to multiple religions does not suffer harm as a result. For instance, if one parent practices Catholicism while the other is Mormon, it is typically deemed harmless for the child to attend services with both parents.

How Does It Work If One Parent Has Sole Decision Making?

When a parent has sole decision making of the children and the parents cannot reconcile their differing religious beliefs, the parent with decision making responsibility generally has the final say. Courts will assess religious upbringing when determining legal custody, always with the paramount concern being the best interests of the child.

Can Parents Take a Child to Church Without Consent of the Other Parent?

Whenever possible, Illinois courts encourage divorcing parents to reach agreements on matters such as religious upbringing through mediation or alternative dispute resolution methods. Mediation allows parents to work together with the assistance of a neutral third party to develop a parenting plan that meets their child’s needs and respects their religious beliefs.

In Illinois, decisions about children’s religious upbringing in divorce cases are guided by the best interests of the child. Courts consider various factors, including parental preferences, the child’s wishes, continuity and stability, parental cooperation, and the potential impact on the child’s well-being. While parents may have different religious beliefs, the goal is to reach an arrangement that promotes the child’s overall welfare and respects the religious and cultural diversity within the family. In cases where parents are unable to reach an agreement, the court will make a determination based on the specific circumstances of the case, prioritizing the child’s best interests above all else.

Need More Information or Representation?

If you are getting divorced in Illinois or fighting for your parental rights or child custody, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is getting a divorce in Illinois involving, including parents who are fighting for child custody, parental rights, or parenting time, and parents who have sole custody or primary physical custody, protecting custodial parents’ First amendment rights and constitutional protections regarding religion, determining what happens when parents with joint custody have different religious beliefs, advocating for when a parent can take a child to church without the consent of the other parent, and helping parents that are looking to understand more about the law on religion in custody cases.

      About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.