Real Estate
Decision Making
Decision-making ability, previously known as custody, determines how co-parents make the important decisions relating to their child’s life such as a child’s schooling, religious upbringing, and medical decisions. In a separation or divorce, it’s important to determine who has the ultimate authority with respect to these issues to avoid prolonged and unnecessary conflict. After a separation, neither parent is permitted to exert authority over the other with respect to major decisions in their child’s life until and unless there is a parenting order or separation agreement which contains a mutually agreed-upon parenting plan.
Assigning decision-making ability should always be based on the child’s best interests.
Sole Decision-Making Ability
Sole decision-making ability refers to a situation in which one parent has the decision-making authority over major issues like residence, health, education, and religion. This may be a necessary scenario in cases where parents often find themselves diametrically opposed with little ability to reach a joint decision on these issues.
Shared Decision-Making Ability (formerly Joint Child Custody)
Joint child custody, or shared decision-making ability, refers to situations where parenting decisions are made by both parents in consultation with one other. Shared decision-making ability is the preferred child custody arrangement, so long as parents are able to demonstrate a willingness and ability to compromise or otherwise come to a mutually agreeable decision based on the best interests of the child.
Split Decision-Making Responsibility
In some cases, split decision-making responsibility may be an option. Split decision-making responsibility gives each parent sole decision-making authority over one or more of their children. For example, the parent with whom the child resides may be given sole decision-making ability over decisions pertaining to that child specifically.
It’s also possible to allow parents to split their decision-making ability by issue rather than by child. If one parent feels particularly strongly about the child’s religious upbringing, and the other is very involved in the child’s education, decisions can be split this way for the same child.
Schedule A Consultation
Licata Law is happy to provide free initial consultations to understand your legal matters. To schedule a consultation, fill out the quick form and the lawyer will respond to you shortly to set up a date and time to discuss your legal needs.