Recently, an interesting story was in the media about a Muslim convert that posted threats against South Park for its cartoons about the prophet Muhammad and then tried to join a Somali terror group, using his baby at the airport to try to appear less suspicious. He was put on the no-fly list and sentenced to 25 years in prison. The baby, who now lives with the man’s mother, is now the subject of a custody dispute being heard in federal appellate court. The man, who is imprisoned in a super-max prison, is suing his mother, who doesn’t share his conservative Islamic beliefs, and the FBI for monetary damages on the grounds that they are interfering with his parental rights. While most Colorado child custody disputes do not involve this level of intrigue, the issue of religious beliefs sometimes does play an important role.
A child’s religious upbringing can be determined during the course of divorce proceedings as part of the question of “parental responsibility”, known as custody in other states. Parental responsibility has three aspects: (1) who will make important decisions for the child, (2) who the child will live with, and (3) visitation for a non-custodial parent. The first element, considered legal custody, can be sole or joint, and it has the most impact on a child’s religious upbringing.
If only one parent will make important decisions for a child, it will probably also be the primary custodial parent with whom the child lives. When a child splits his or her time between the parents, the issue of who gets to control a child’s religious upbringing may be more fraught. One parent may have an intense religious faith not shared by the other parent; in some cases, that is a reason for the divorce as well. As in the news item shared above, a parent who converts may no longer have the same views as others to whom he or she was previously close, and may not want the child to be influenced by somebody not of that faith.