Divorce can be an emotionally taxing process for everyone involved, especially when children are part of the equation. One of the most challenging aspects parents face is determining who will make important decisions regarding their children’s upbringing. Legal decision-making authority can be a major source of conflict during divorce proceedings. Courts typically award either joint or sole legal decision-making, based on what serves the best interests of the child.
Having a clear understanding of the distinctions between joint and sole legal decision-making can help parents protect their rights and make decisions that promote their children’s well-being.
The benefits of joint legal decision-making
Joint legal decision-making allows both parents to share the responsibility of making key decisions about their children’s lives, including matters related to education, medical care, and religious practices. Even if parents live in separate homes, this arrangement supports continued involvement from both parties in their children’s development. To make this arrangement successful, parents must be willing to communicate effectively and collaborate on important issues. In some situations, the parents can share joint legal decision-making authority while vesting “final” authority with one parent in the event the parents cannot reach consensus on an issue. In many cases, parents with joint legal decision-making authority will participate in mediation if they disagree on a major medical or educational decision related to their children.
In addition to decision-making responsibilities, joint parenting often involves a shared schedule of parenting time. Joint legal decision-making authority does not necessarily mean the parents will share equal parenting time; a parenting plan can be customized to reflect the parents’ availability and living arrangements, as well as other factors affecting the children’s best interests.
The benefits of sole legal decision-making
In contrast, sole legal decision-making authority can be awarded when it is not in the children’s best interests for the parents to share decision making authority. Although courts tend to prefer that parents make decisions together, circumstances such as domestic violence, child abuse, or substance abuse may support an award of sole decision-making authority. Some cases are less extreme; sole decision-making authority might be appropriate, for example, if a parent is unable or unwilling to participate in productive discussions regarding the children. In these cases, the other parent may petition the court for sole authority to make legal decisions on behalf of the child, in order to protect the child’s health, safety, and overall stability.
A parent granted sole legal decision-making authority is responsible for making all major decisions concerning the child, and they may do so without seeking input from the other parent.
For parents navigating the complexities of divorce, it is essential to seek legal guidance early in the process. Understanding the implications of joint versus sole legal decision-making can empower parents to make informed choices that reflect their child’s best interests and protect their legal rights.