Will the Court Award a Child to a Muslim if One Parent Is a Christian?

This is a great question. Another way of stating it is, “Will the court consider the religion of the parents when deciding custody?” The court will consider religion when it makes its decision about which parent should have custody. Our law does give the court some guidance on what to do when parents have different religious beliefs. SECTION 63-15-20 of the South Carolina Code of Laws says, “In placing the child in the custody of an individual or a private agency or institution, the court shall, whenever practicable, select a person or an agency or institution governed by persons of the same religious faith as that of the parents of such child, or, in case of a difference in the religious faith of the parents, then of the religious faith of the child, or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents.”

Of course, every case has different facts which will affect how a judge will decide a case. Religion, however, may not be the overwhelming issue to sway a judge’s decision. Of course, every case has different facts which will affect how a judge will decide a case. The best course to take is to schedule an appointment with an attorney to discuss all of your facts, so you will have a better understanding of what to expect in court.