Religious Upbringing When Parents Disagree: What Ohio Law Says

When parents do not share the same faith, questions naturally arise about how a child will be raised after a separation or divorce. One of the most common concerns we hear at Hoffman Law is:

“If the other parent has sole legal custody, do I still have a right to share my religion with my child?”

For many families in Columbus and throughout Central Ohio, this is a deeply personal and important issue. Whether one parent wants to raise the child in one religion and the other wants the child raised in another religion—Ohio law provides clear guidance.

Both Parents Have a Right to Share Their Faith

Even when one parent has sole legal custody, the other parent still has the constitutional right to practice their religion with the child during their parenting time.

This means:

• You may take your child to religious services

• You may celebrate your religious holidays and traditions

• You may teach your child about your beliefs

• You may involve your child in your faith community

These rights do not disappear simply because you are the non-custodial parent.

Ohio’s Leading Case: Pater v. Pater (Ohio Supreme Court)

Ohio’s Supreme Court has made the law very clear. In Pater v. Pater, the Court held that a court cannot restrict a parent from exposing a child to their religion unless there is evidence that doing so will harm the child.

This is a high standard. The disagreement alone is not enough. The custodial parent’s preference alone is not enough. Only evidence of actual harm—physical, psychological, or emotional—allows a court to intervene.

The Court also held that:

• Judges cannot choose one religion over another

• Religious exposure is generally part of day-to-day parenting

• Both parents have independent First Amendment rights

At Hoffman Law, we cite Pater when representing parents in religious upbringing disputes.

Does Sole Legal Custody Control Religion?

No. Sole legal custody allows one parent to make major decisions on:

• Schooling

• Medical care

• Overall daily guidance

But religious exposure during the other parent’s parenting time is not something sole custody controls. Unless a specific order limits religious activity, the non-custodial parent is free to share their faith with the child.

When Can a Court Step In?

Courts will only consider restricting a parent’s religious practices if:

• The practice threatens the child’s safety

• The child is being coerced, shamed, or emotionally harmed

• The parent attempts to use religion to alienate the child from the other parent

• Essential medical care or well-being is jeopardized

These situations are uncommon, and the burden of proof is significant.

How Hoffman Law Can Help

Religious upbringing disputes require careful understanding of both constitutional rights and Ohio custody law. At Hoffman Law, we regularly represent parents in Columbus, Franklin County, and throughout Central Ohio who face these situations.

We help clients:

• Understand their rights

• Protect their parenting time

• Address religious conflicts in shared parenting plans

• Seek court intervention when necessary

• Resolve disputes without escalating conflict

Our goal is always to protect your relationship with your child while keeping the child’s best interest at the center of the case.