In joint legal custody agreements, between parents living in different states, who makes final decisions regarding the child?

Question

Glen Edward Ashman · Answer

That is decided in the agreement.

Nancy Harkess · Answer

The parent with physical custody would make day-to-day decisions, but both parents should try to agree on major issues, such as the religion in which the child will be raised.  It is best for the child when parents act like adults and make decisions based on the child's best interests.  If you cannot agree, you can always spend the money to go back to court.

Melvin Franke · Answer

If it is joint they are suppose to agree.

Austin Hirschhorn · Answer

Day to day decisions are usually made by the custodial parent.  Important health, schooling, religion, and other important life decisions are usually discussed and agreed upon by both parents.

Clayton Lockhart · Answer

If that issue wasn't already stated in the divorce decree, then it is an issue that should be brought back up before the court assuming the two of you cannot reach an agreement on your own and present it to the court.  I'm surprised that order was presented to the judge without that issue already being resolved.

John Brennan · Answer

Generally both, then the primary custodial parent and of course the parent with the custody of the child at the time. Disputes are settled in the court which had jurisdiction over the divorce and therefore the child.

Leonard A. Kaanta · Answer

In joint legal custody, the parties are supposed to consult with each other before making major decisions.

Maryanne Spryszak-Hanna · Answer

If there is no agreement, the Judge.

William Spern · Answer

The court that has jurisdiction over the matter.

Harry Roth · Answer

Joint legal custody is one of those really easy concepts, in theory, and really hard concepts in practice.  I mean, seriously, who thought that two parents who could not get along well enough to even stay together will be able to make joint decisions for their children after they split and live several states apart?    There is no one simple answer.  If you are talking about medical care, the reality is that medical care is going to get controlled by whoever the child lives with.  If you are talking about religion, the one who wants to change the child's religion is likely to have to defer.  If you are talking about school or driver's licenses or joining the army or giving consent for marriage before age 18, let's just say results vary.  The only real "rule" is that no judge is going to tell a parent not to take his or her child to the doc if the parent thinks the child needs to go and no judge is going to pull a child out of a school in which the child is already comfortable.  But even those rules have exceptions.  Probably the best advice that can be given is to defer to the other parent as often as possible and only fight about things you think are really, truly worth the cost of the battle.  I know what those would be for me, but you have to decide for yourself.  And in the end, unless the "loser" in the battle is prepared to go to court, the parent in whose house the child lives is very likely going to make the big decisions.

Barbara A. Fontaine · Answer

If the child primarily lives with one parent, that person would make most decisions.  But in expensive decisions, such as private school tuition or some non-emergency medical decisions, both parents usually make the decisions.

Robert Merlin · Answer

It depends upon what your order says. If the order merely says that you have shared parental responsibility with your former spouse, neither one of you has the final say. You have to jointly make all decisions and if your former spouse refuses to do that, you can go to court and ask the judge to order him/her to do so.

Tina Fox · Answer

If you have a joint parenting agreement you need to look at the language of the agreement. It may say that you decide together or you could read that the custodial parent makes the decision but my inform the noncustodial parent. I am not sure how yours reads, but there should be language in our agreement.

Gregory Crain · Answer

The primary physical custodian.

Gary Russell · Answer

Assuming Michigan law governs the matter, then the answer is the court makes the final determination on the major life decisions of the children, if the parties cannot reach an agreement.  Joint legal custody means both parents have equal say in the major life decisions: school, religion, medical matters, etc.  Normal day to day decisions: hair cut, clothing, bed time, etc., are the decision of the parent that has the children in their custody at that time.

John Kirchner · Answer

That answer starts with what the agreement actually says and probably depends on what specific issue is requiring a decision.  You don't give nearly enough information to attempt an answer to your question, but the law of the state where the current order approving the agreement was entered will control.

Glenn Tanner · Answer

If it is a Washington State parenting plan, there is a section that states what decisions, if any, are jointly made.

Dean Esposito · Answer

The parent who has been designated the domiciliary parent or custodian.

Jeffrey Wittenbrink · Answer

In Louisiana there is usually a parent named "domiciliary parent" in a joint custody situation.  That parent has the last word on decisions involving the child that are not already spelled out in a court order. That parent is supposed to consult with the other parent regarding those decisions, but if there is a disagreement, the domiciliary parent's decision will be final unless and until the other parent decides to bring the issue to court.    Obviously the decision should be one that affects the child in a major way before a court intervention should be necessary or advisable.   Parents should always try to respect one another's wishes and get along as well as they can, in the best interest of the child.  One exception to this rule is any decision to relocate the child's residence more than 150 miles from where the child normally lives.  That decision would bring the Louisiana Child Relocation Act into the equation, and such a decision requires court action by the party seeking to move the child's residence.  Any relocation may be a "change in circumstances" such that a court intervention may be necessary, depending upon its effect upon the child, but a relocation of more that 150 miles or out of state makes a court decision mandatory.

Mark Brown · Answer

The "joint legal custody agreement" will specify the procedure for making joint decisions; and for resolving disagreements in the event the parents do not agree.

Bernal Ojeda · Answer

Generally the one with primary physical custody. But your agreement may specify both have to agree so look at the language.

Steven D. Dunnings · Answer

That would be the Judge.

Dennis P. Mikko · Answer

Joint legal custody means that both parents make decisions regarding significant issues regarding their child.  If the decision is whether to buy a new pair of jeans, the parent with the child would make the decision.

Ronnie Vargas · Answer

Usually the parent who has the children.

Frances Headley · Answer

Where there is joint legal custody the parties are supposed to agree or take their disagreement back to court.  There are some exceptions so you should consult a family law attorney to review your paperwork and the nature of your dispute and then advise you how to proceed.

Barbara Peyton · Answer

It depends on what your document says.  If it says nothing, you will need to go back to the court to get assistance and designate a way to handle matters which cannot be handled cooperatively.

Steven Alpers · Answer

That depends on the agreement.

Robert De Groot · Answer

It is a joint decision. Obviously when the child is with one parent the other should be consulted. The court does not want to get involved if you have a disagreement.

Jane Ginsburg · Answer

In California, joint legal custody means both parents must agree on a decision re. the child's health, education and welfare. If they can't agree, then they have to go to court and the court will decide.

John Rivers · Answer

That issue should have been addressed in your agreement. If you are still negotiating and have not executed an agreement, insist upon a provision that makes you the parent who makes the final decision if you cannot otherwise agree on a major issue. Another approach is to allocate the decision-making responsibity for specific named issues between the parents.

Tobie Waxman · Answer

Joint means each party has equal say. It doesn't work too well when the parties cannot agree.

James Albert Bordonaro · Answer

It will probably require mediation if the parents can't agree on major issues of child rearing.  Alternatively, one parent can petition for sole custody but such is unlikely to be awarded absent a showing of harm to the child.  The issue will have to go to the judge if the parties cannot solve it in mediation.   Note: these answers only apply to Kansas Law.

Dennis Leffert · Answer

The decisions may already be in the written agreement.  Re-read the agreement for your answer.

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In joint legal custody agreements, between parents living in different states, who makes final decisions regarding the child?

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