Child Custody and Religion

1. The agreement is vague. Often, couples make such agreements informally, prior to getting married, without considering a future divorce. As a result, these agreements are often very vague. For example, many agreements fail to specify the degree of religious training (how often the child will attend services or whether the child will attend additional classes, Bible studies, and other church affiliated programs) or whether the children will be permitted to attend the other parent’s place of worship during special events.
2. This agreement is oral. Most marital agreements have absolutely no value unless they are in writing. In most oral marital agreements the spouses have different versions of the agreement, and they may disagree about the terms of the original agreement. A court will not enforce an agreement if it cannot determine what the parents originally agreed to.
3. The agreement is too old. Courts often hesitate to bind either parent to an agreement that was made many years in the past.
4. In summary, if you enter into an agreement about the religious upbringing of your children, then it stands the best chance of being enforced by a court if it is in writing, very detailed, and no more than a couple of years old. The family courts don’t want to interfere with First Amendment and parenting rights. Therefore, in most custody disputes with religious issues the court will refer the case for a best interests evaluation to be conducted by Probation. Thereafter, the court will schedule a plenary hearing.

3. I am Catholic and my wife is Jewish. We are now getting divorced. What are some good sample clauses that we can incorporate into our PSA that pertains to the issues of child custody and religion?

Sample Clause A

Children to Be Raised According to Specific Religious Faith

The parties acknowledge and agree that their children shall be raised [specific religious faith]. The parties agree to encourage the children to attend [church/temple or other religious center] and to actively promote a healthy awareness and appreciation for this religious faith.

Sample Clause B

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