How to Allocate Decision Making Responsibilities When Parents Have Different Religions

Interfaith marriages and relationships are common, and separating parents may not agree on how to raise their children religiously despite potentially being aligned during their intact relationship. This article will explore what happens when parents are not on the same page with respect to raising their children religiously.

Courts have the authority to allocate religious decision-making responsibilities in accordance with the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/. Under Section 602.5, Illinois courts standard is the best interests of the child. If parents disagree, the court will consider various factors and ultimately decide what serves the child's best interests. 750 ILCS 5/602.5 (b)(3) governs religion as it relates to allocation:

(A) The court shall allocate decision-making responsibility for the child's religious upbringing in accordance with any express or implied agreement between the parties.

(B) The court shall consider evidence of the parents' past conduct as to the child's religious upbringing in allocating decision-making responsibilities consistent with demonstrated past conduct in the absence of an express or implied agreement between the parents.

(C) The court shall not allocate any aspect of the child's religious upbringing or that there is insufficient evidence to demonstrate a course of conduct regarding the child's religious upbringing that could serve as a basis for any such order.

However, it is important to note that courts will first prioritize parental agreements and past conduct patterns. Importantly, if a parent is allocated sole decision-making, they shall be able to decide which religion and religious upbringing the children shall have, regardless of whether the other parent agrees.

If the court intervenes, it is essential to note that they will not determine specifically which religion your children will practice. However, they may allocate decision-making authority regarding religion to the parent deemed to be acting in the children's best interest. In most cases, parents who have joint decision-making will have to jointly decide which faith the children shall be raised in. If each parent wants to expose their children to their own faith, they have the right to do so.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.