Legal Decision Making

What is legal decision making? Legal decision making is a component of custody, specifically legal decision making is the legal right to make all nonemergency legal decisions for a child. This means being able to decide things like, where your child goes to school and what religion they practice, as well as make decisions regarding health care and other personal care decisions.

So how do the Courts decide who gets legal decision making? The court looks to what is in the best interest of the child when deciding who gets legal decision making, when possible and reasonable, the court grants joint legal decision making, meaning that both parents get a say. The court may grant sole legal decision making to one parent, if it is decided it is in the best interest of the child after it examines some of these factors:

  • The level of agreement between parents and their ability to cooperate;
  • Parents level of reasonableness in their agreements or lack thereof;
  • Whether joint decision making is logistically possible;
  • The relationship between the parent and child;
  • The mental and physical health of all individuals involved;
  • If of a proper age, the wishes of the child; and
  • The child’s adjustment to home, school and their community.

These are just factors that are considered by the court in making their decision. In dealing with legal decision making argument with the court it is best to consult with an attorney who can guide you through the process and help you come up with a game plan to best address the issue.