Custody cases often have many intricacies and underlying issues. When custody involves a party or parties who are devout in their religious practices, additional conflict may arise. This is especially true if the parents have differing beliefs or religious affiliations.

It is common, if not the norm, for Pennsylvania courts to award parents shared legal custody of their children. Section 5322 of the Child Custody Act defines “legal custody” as the “right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions.” By its very definition, shared legal custody is the right of more than one individual with legal custody of a child to make major decisions jointly on behalf of the child, including religious decisions.

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