Osteraas v. Osteraas

*352BISTLINE, Justice.

This case requires us to examine to what extent religion may be taken into account as a factor in determining child custody disputes. Because the trial court improperly considered religion as a factor in modifying custody, we remand the cause to the trial court for reconsideration.

BACKGROUND

In October 1986, plaintiff-respondent Melinda Havner (formerly Osteraas) and defendant-appellant Edwin Osteraas were divorced. The dissolution decree granted joint legal custody with physical custody of their twin sons, Justin and Austin, to Melinda, their mother, who had been their…