Determining how decisions are made is a common challenge for divorced parents. From small decisions to big ones, there are many aspects of child-rearing that parents may not agree upon. Additionally, decision-making rights may not be shared evenly between both parents, depending on the type of custody agreement in place. During a divorce, a Sherman Oaks child custody lawyer can prepare you for what making decisions as co-parents will look like moving forward.
Physical Custody vs. Legal Custody and Its Impact on Decision-Making
During a divorce, parents must reach an agreement on both physical and legal custody. While they may sound similar, they are different. Physical custody refers to where the child lives, while legal custody refers to who makes decisions, primarily major ones. Legal custody can be shared between parents or handled by one parent. Joint legal custody is generally viewed as the ideal situation. Additionally, parents do not have to share legal custody equally to be able to share in decisions.
Types of Decisions That Can Be Made With Legal Custody
Legal custody often pertains to major decisions about how a child is reared and cared for. Education, medical needs, and religious upbringing are common areas that are commonly impacted by legal custody. They are also the ones who are most likely to cause the most conflict. If parents have joint legal custody, they must work together to make decisions in these areas, as well as general day-to-day decisions. If a parent has sole custody, then they will most likely make all decisions on behalf of the child.
Decision-Making Challenges Parents May Face
Parents may have vastly different views on their child’s upbringing, which can cause serious conflict between both parties. Where a child attends school, what medical care they should receive, whether or not the child goes to church, and what types of activities they participate in can all be points of conflict for parents if they have different beliefs and expectations.
How to Resolve Decision-Making Disputes
Parents should try to work together to resolve disagreements about decision-making conflicts. Ideally, parents would be able to come to an agreement themselves, but this may not always be the case. Outside help is sometimes beneficial for settling these types of disputes. Mediation or arbitration are often the first two options to consider if you and your partner cannot reach a decision. If these proceedings are not fruitful in settling the conflict, then the dispute will need to go before a Family Court Services judge. A judge will hear both parties and make a decision based on what is in the best interest of the child.
Be Proactive About How Decisions Will Be Handled
Parents must make many decisions for their child, and these change and evolve throughout different stages of the child’s life. While unforeseen decision-making disputes may arise, it can be helpful to talk about how these issues will be handled during divorce proceedings. This can help streamline the process and avoid court involvement as much as possible. Darian & Bociaga have the knowledge and experience necessary to think through various considerations and prepare for the future.