LITTLE ROCK, Ark. (AP) _ A Chicot County judge did not base his decision granting custody of a 2-year-old boy to his father on the mother's statements that she practiced Wicca, a sharply divided court of appeals ruled Wednesday.

The Arkansas Court of Appeals upheld Judge Robert Vittitow's ruling awarding custody of the boy to his father, Joshua Cook, and rejected Andrea Hicks' claims that the decision was based on religious preference.

Wiccans consider themselves witches, pagans or neo-pagans, and say their religion is based on respect for the earth, nature and the cycle of the seasons. Hicks testified in court that she only told Cook that she was Wiccan, but she is actually Baptist.

Vittitow cited his concerns over Hicks' ability to raise the child and said he was concerned about testimony that he was found in a dirty condition and had been bitten by a dog. The judge also said he was concerned by Hicks' testimony that she was joking when she told Cook she was a Wiccan and said he questioned whether she was practicing member of the religion.

"That is no joking matter," Vittitow wrote in the ruling. "The Court believes she is much more involved than she would now lead us to believe."

The appeals court ruled that Vittitow didn't base his decision on Hicks' religion.

Judge Robert J. Gladwin wrote that Vittitow was simply pointing out Hicks' "lack of credibility on the issue" of her religion.

Judge Wendell Griffen wrote in a concurring opinion that "the change of custody in this case does not turn on appellant's religion, be it Baptist, Methodist, Wiccan or no religion at all."

Judges Sarah Heffley and Josephine Linker Hart both dissented and said they believed Vittitow's comments about Wicca showed he based his decision at least in part on Hicks' religion.

"In the absence of the Wicca consideration, we are left with a child who is moved from his home since birth, based on one occasion when he had dirty fingernails (not unusual in a toddler), a common diaper rash (not unusual in a toddler), a messy car seat (not unusual in a toddler), earwax (not unusual in a toddler), and an alleged dog bite, which does not necessarily arise from neglect," Heffley wrote.