In Lajara v. McMenamin, (PA Super. Ct., Oct. 14, 2026), a mother appealed an order entered by a Pennsylvania trial court awarding limited joint legal custody to both parents of their 11-year-old child. The appellate court vacated the portion of the trial court's final custody order that prohibits either parent from influencing, restricting or limiting their child's participation in religious services, events or activities. The order also provides that the child may decline to attend any religious service, event or activity once the child reaches the age of 14. Neither parent had asked the trial court to enter an order regarding religious exercise, but the trial judge did so because "the tumultuous history of this case does not produce any optimism on the part of this trial court that they will be able to communicate and cooperate if religious participation becomes an issue. As such, it is in … Child’s best interests to preemptively place parameters on his attendance and participation in religious activities…. " The appellate court rejected that reasoning, saying in part:
... [T]he restrictions set forth in paragraph 111 are contrary to our case law since there is no indication the parties’ religious beliefs or practices present a “grave threat of harm,” “a substantial threat of present or future, physical or emotional harm to the child[,]” or that the physical or mental health, or safety of the child would be jeopardized absent a restriction.... Consistent with precedent, both parents shall be permitted to practice his or her religion with Child during their respective periods of custody, so long as there is no substantial threat of present or future physical or emotional harm to Child.
