When making a decision in custody matters, the primary concern is the best interests of the child. The courts may consider religion as one of the factors in determining the best interests of a child, but religion alone may not be the determinative factor. New York courts will consider religion in a custody dispute when

Pinocchio female.jpgLast month, recognizing Domestic Violence Month, we reviewed the Second Department decision in Costigan v. Renner  which affirmed the granting of custody to a father because of domestic violence by the mother.  Indeed, since 1996, consideration of domestic violence has been mandated in custody and visitation cases.  Section 240(1) of the Domestic Relations Law provides