The religion of one or both parents generally won’t be the basis for a court’s decision on child custody arrangements—due in part to the protections of the First Amendment to the United States Constitution—unless the evidence introduced in court shows the religious practices are abusive or will likely have a substantial harmful effect on the child, and will not be in the child’s best interest. In most circumstances parents with shared custody of their child will be free to engage in their choice of religious services and activities with the child during their time of custody.
In Texas, as in other states, the best interest of the child is the primary consideration in determining child custody arrangements. The First Amendment to the U.S. Constitution protects religious freedom, which means that a parent's religion alone is not usually a factor in custody decisions. However, if there is evidence that a parent's religious practices are harmful to the child or not in the child's best interest, the court may consider this information when making custody determinations. When parents have shared custody, each parent typically has the right to engage in their chosen religious activities with the child during their respective custody periods, provided that these activities do not harm the child or interfere with the child's best interests.
