Married or cohabitating parents can naturally resolve child-rearing matters together. Once parents separate and share custody, decision-making becomes more complicated.
Parents may have to wait to talk with one another about their concerns. They may find themselves disagreeing about matters related to their children’s medical care, education or religious observances. Disagreements about major decisions are common when parents share custody.
Who has the authority to make decisions in scenarios where parents don’t agree with one another?
Shared legal custody requires compromise
Parents who share physical custody or parenting time typically also share decision-making authority or legal custody. Typically, each parent can make decisions as necessary during their own parenting time.
However, decisions with long-term implications often require the input of both parents. If one parent wants to transfer the children to a different school, for example, they usually require the approval of the other parent before they can move forward with that process.
When parents disagree about major decisions, the matter can quickly become complicated. In some cases, one parent may have the final authority in certain decision-making matters. Parents may have already agreed to that in their custody negotiations.
If neither parent has final authority on certain matters, then it may be necessary to go to family court. A judge can hear from both parents and then settle the dispute based on what they believe is in the best interests of the children. Judges can also modify custody orders to extend final decision-making authority to one parent or the other if ongoing disputes are likely.
Understanding the basics of sharing legal custody or decision-making authority can help parents avoid conflict. Addressing decision-making authority during custody negotiations can be as important as addressing parenting time.