In Georgia, a child’s religious upbringing is one of the major custody decisions, and your custody order decides which parent makes it.
What the Statute Says
Religious training is one of the major decisions OCGA 19-9-6(5) places in legal custody, and our post on joint legal custody explains how a judge can give one parent the final say. A parent awarded sole custody makes the decision unless the order provides otherwise. OCGA 19-9-6(11).
Religion Alone Does Not Decide Custody
In Applebaum v. Hames, 159 Ga. App. 552 (1981), the father had custody of both sons, and the mother asked the court to change custody because the boys were getting no Jewish religious instruction. The Court of Appeals affirmed the refusal, holding that the trial court “would have been remiss if it had awarded custody of the children to appellant solely on the ground that she would provide them with Judaic training.” Absent an agreement to the contrary, “it is up to the custodial parent to determine the religious training the children are to receive,” and courts “should be loath to interfere with the religious training sanctioned by the custodian.”
A Final Say on Religion Is Enforced
In Greene v. Greene, 306 Ga. App. 296 (2010), the parents’ settlement agreement gave the mother the final say on religion, and the father had agreed that their daughter would be raised in the Jewish faith. He then took her to Christian churches, read the Bible to her, shared Christian prayers with her, and taught her Christian songs. The Court of Appeals upheld holding him in contempt, because the agreement was “clear that Wife had the right to make the final decisions about the child’s religious upbringing.”
So even though Georgia courts hesitate to second-guess a parent’s choice of faith, they will enforce an order that gives one parent the final say.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!