May a non-custodial parent be told not to expose a child to a religion other than the religion practiced by the custodial parent?

The U.S. Supreme Court, in Elk Grove Unified School District v. Newdow, stated that “in general it is appropriate for the federal courts to leave delicate issues of domestic relations to the state courts. € Consequently, the question at hand has not been dealt with by the Supreme Court or the federal district courts.

The state courts that have handled this issue, for the most part, have not restricted the non-custodial parents from exposing their children to a different religion. The courts will generally steer clear of this issue “except where there is a clear and affirmative showing that the conflicting religious beliefs affect the general welfare of the child” (Munoz v. Munoz, 489 P.2d 1133, 1135 (WA.

, 1971)). The ambiguous language from this Washington state case, one of the first to address this issue, has caused other states to interpret what “affects the general welfare of the child” in many different ways.

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