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You and your co-parent may agree on most parenting decisions but have very different ideas about religious services or education. When that happens, a Florida court generally will not choose a faith for your child or restrict either parent’s beliefs simply because you disagree. It can resolve specific parenting decisions and address conduct that harms the child.
Whether the disagreement concerns a weekly service, religious school, or a significant ceremony, your parenting plan is the place to start.
Who Decides a Child’s Religious Upbringing in Florida?
Florida parenting plans must describe how parents will share responsibility for their child and identify who makes major decisions. Courts generally favor shared parental responsibility unless it would be detrimental to the child. A plan may also assign one parent final authority over a particular issue when the circumstances support it.
Start by reading the decision-making provisions of your existing plan. Does it address religious education or attendance? Does it require consultation before either parent enrolls the child in a program? The answer may affect what you need to discuss with your co-parent and whether you need to ask the court to resolve an impasse.
Sharing parental responsibility does not mean either parent can force the other to adopt the same beliefs. Florida courts have also cautioned against giving one parent broad authority over religion merely because the parents cannot agree.
Can One Parent Take the Child to Different Religious Services?
Generally, a parent may share their beliefs with the child during their parenting time. A difference in faith, or concern that the child will encounter two sets of beliefs, ordinarily does not justify banning that parent’s religious practices. Florida appellate courts have reversed restrictions that lacked sufficient evidence of harm to the child.
That does not give either parent permission to use religion to hurt the child or undermine the other parent. In one Florida case, an appellate court upheld a restriction on religious discussions where the trial court found that a father had used his views abusively to turn the children against their mother. The concern was his conduct and its effect on the children, rather than his beliefs.
What If Religious School or Activities Are the Subject of the Dispute?
A dispute over religious school may also involve education, schedules, and expenses. If parents share decision-making authority and cannot agree on a major school choice, they can ask the court to resolve that issue under the child’s best interests standard. An order concerning enrollment does not necessarily require either parent to practice or teach the school’s faith at home.
Before taking action, identify the precise decision in dispute. Attending a service during one parent’s time raises different practical questions from changing the child’s school. A baptism or another significant ceremony may raise concerns about notice and consultation. Specific questions give both parents a better chance to reach an agreement.
How Can You Address Religion in a Parenting Plan?
Clear terms can prevent a recurring disagreement from becoming a new court case. Depending on your family’s circumstances, a plan can address:
- Whether both parents must agree before enrolling the child in ongoing religious instruction or a religious school
- How the parents will discuss significant ceremonies and share notice of them
- How religious holidays fit into the time-sharing schedule
- What steps the parents will take if they cannot agree on a major decision
Keep the language practical. A provision should explain what each parent must do without attempting to control personal beliefs. If your existing plan no longer works, speak with a family law attorney before changing the arrangement. A court must approve changes to a parenting plan.
Find a Way to Address the Disagreement
You do not have to agree on faith to create a workable parenting plan for your child. You do need to know which decisions require joint input and how to respond when an important issue remains unresolved.
At Bernal-Mora & Nickolaou, we help parents in Orlando and throughout Central Florida address parenting-plan disputes. Contact us to discuss your current plan, the decision you are facing, and your options for resolving it.
