There are numerous parenting issues that divorcing spouses have to address. Obviously, arranging for an appropriate division of parenting time is a top consideration. Both parents typically want as much time as they can get with their children.
The parents may also need to discuss financial responsibility for the children, especially if they have unusual expenses. If there is a child with special needs in the family or if the children attend private school, exceptional expenses can complicate financial negotiations.
Parents also have to share legal custody or decision-making authority. Typically, judges want parents to work together and grant both of them joint custody. What does shared decision-making authority mean for parents?
Regular communication is crucial
For parents to make day-to-day choices that benefit their children, they need to have accurate information. Parents typically have to share information about the children’s performance at school, their medical challenges and even their social relationships with one another. Regular communications regarding the children make it easier for parents to meet their children’s needs effectively as they make decisions on their behalf.
Parents make choices during their parenting time
Typically, shared legal custody means that both parents have the authority to make decisions on demand during their parenting time. They can choose whether the child goes to visit a friend or where to take them for medical care if they fall and need stitches. They may need to convey those decisions to the other parent, but they typically do not have to consult with the other parent before making minor decisions.
Parents must agree on major choices
Shared legal custody generally means that both parents have to consent to significant decisions about the children. If one parent wants to transfer them to a different school district, both parents may need to discuss that decision before any changes occur.
Parents may also need to agree on matters related to religious observations and medical care. Sometimes, disputes about decision-making authority force parents to go back to family court. In some cases, they need a judge to review and rule on a specific disagreement. Other times, they may need to enforce their parental rights or ask a judge to modify their current parenting arrangements.
Understanding the basics of legal custody can help parents prepare for a major shift in family dynamics during and after divorce. Parents who keep the focus on their children may be able to more readily cooperate with one another regarding major parenting decisions.