All God's children: religion, divorce, and child custody

Abstract

Many young Americans, married and marriageable, are turning to more traditional or fundamentalist religions. Religiosity and ultra-strict morality often leads to attitudes that alter decision-making in marriage, divorce, and the disposition of the children of divorce. Judgmental pastoral counseling may affect these decisions even more. This paper discusses these issues, emphasizing the need for forensic psychiatrists involved in the custody arena to be aware of the religious, spiritual, irreligious, or even anti-religious feelings of the battling partners. It also presents detailed information about the four major American religions (Roman Catholicism, traditional Judaism, Mormonism, and Islam) that have specific doctrine, protocols, or customs affecting decisions in marriage, divorce, and child custody and visitation. This information is presented from the viewpoint of a child advocate. Mental health experts consulting in child custody must understand the backgrounds of the battling parents, including the religious pressures that well may adversely affect their interspousal disputes, particularly those over child custody. The experts must also recognize the attitudes of the religious communities in which the custodial parent may reside after divorce. Those attitudes may be rejecting of the children as well as of the divorced parent(s). Mental health experts may have a better chance to reach agreement between the battling parents if the experts reverse the historic reluctance of psychiatrists to evaluate and discuss the religious feelings and beliefs of their forensic evaluatees.