My ex and I originally raised our children to practice the same religion for 13 years.
In the last few months, she has left the home, rejected this religion, had an affair and more. Now, she and her boyfriend have adopted a new and somewhat radical religion.
I would like custody of our children and to continue raising them as we had planned. Can this radical shift of hers be factored into a custody dispute?
While I am not licensed to practice law in your state, I can give some general guidance on this issue. Additionally, as I do not have all the facts of your specific case I cannot provide you a full and complete response.
In many states, the judge must decide custody and visitation based on the “best interest” of the children. The best interest standard is very broad and can encompass basically all aspects of the children’s lives.
Therefore, in many states, the radical change in religion would be a factor in determining what is in the best interest of the children. Evidence as to what the children are accustom to would be relevant in showing that it is best for you to have custody since you will continue to raise the children as you did for the past 13 years.
Additionally, in some states, the oldest child by statute can state a preference. There is also some case law that indicates that a ten-year-old could state a preference. Therefore, if the children have a preference to continue to be raised as they have been their entire lives, this could be relevant.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.