Dealing With Religious Custody Disputes in North Carolina

A recent court case in the United States exposes just how serious religious disputes can become between divorced or separated parents. If you are approaching a similar custody dispute in North Carolina, you may want to pay attention to this case. Its outcome could have far-reaching implications for parental rights, religious freedoms, and custody cases throughout the country. What if you don’t agree with how your ex is raising your child? What if you want them to pursue a different faith, no faith at all? These are questions you might want to ask a custody attorney in North Carolina.

The case that is generating considerable buzz across the country is Bickford v. Bradeen. This case involves a couple who never legally married but share one daughter. At some point, the mother converted to Christianity and wanted to baptize her child as a result. When she informed her ex of this plan, he reacted by taking legal steps to gain legal custody over the child’s religious upbringing.

In 2024, the father filed a petition with the court and brought in an expert witness from California. This professor then told the court that the specific church the child was visiting fit the legal definition of a “cult,” and would therefore be dangerous for the child in the future. The district court agreed and gave the father sole decision-making authority over the child’s religious upbringing.

When the press discovered this decision, it caused considerable buzz across the country. Christian publications seemed to be particularly offended by the court’s decision, arguing that it represented a major violation of the mother’s constitutional rights under the First Amendment.

In reaction to the district court’s initial decision, the mother connected with religious legal groups and decided to push back with an appeal. Now, a state supreme court is reviewing the appeal. The outcome of this case could have major ramifications for child custody cases around the country. If the court decides that religious decisions benefit from a special set of standards in the context of legal custody, this could seriously change the way parents approach disputes after a breakup or divorce.

If the court upholds the lower court’s decision, it could have equally important ramifications. This decision could mean that an atheist upbringing is now the “default” outcome for legal custody cases in the United States. Parents who want to raise their children in a religious setting could face heightened barriers compared to those who prefer an atheist upbringing. Whatever the decision may be, it is bound to enrage either religious or atheist individuals.

That being said, it is important to note that the Supreme Court decision in one state might not necessarily influence custody cases in North Carolina. It certainly would not force North Carolina courts to take a similar approach, unless, of course, the case goes to the Supreme Court of the United States and sets a binding precedent.

The father’s main argument is that the specific church that the mother frequents is equivalent to a cult. Commenters have noted that this specific church believes that the Rapture is fast approaching, and it may be associated with certain tithing and recruitment practices that some may find controversial. The father claims that because of these teachings, the child believes that he (and other relatives) will not get into heaven. This, he argues, has caused her to suffer considerable psychological harm.

On the other hand, the mother argues that the court abused its discretion and wrongly classified the church as a cult. She also argues that a disagreement over religious beliefs should not lead to her loss of parental rights, and this does not constitute a change in circumstance. She also claims that there is insufficient evidence to prove that her religious beliefs are harmful to her child.

A North Carolina child custody lawyer may be able to help if you are concerned about your child’s religious upbringing after a divorce or separation. The recent case outside of the Tar Heel State may have major repercussions across the country, depending on its outcome. If you believe that your parental rights are being violated and you want to play a more active role in your child’s religious upbringing, consider a consultation with Arnold & Smith, PLLC. We understand that this is a very contentious issue, and we are ready to help you fight for your rights as a parent.