What Counts as a Major Decision in Joint Legal Custody?

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You’ve been awarded joint legal custody over your children in a divorce or custody action. Now what? Find out what joint legal custody means, what does and does not count as a major decision, and what do you have to do to properly exercise your shared decision-making authority.

What Does Joint Legal Custody Mean in Michigan?

Legal custody is a parent’s right to make major decisions for his or her children’s upbringing and welfare. Unlike in some other states, Michigan law does not allow the courts to divide up parents’ decision-making authority, giving one parent the final word on education and the other on medical treatment, for example. Instead, Michigan family court judges must either award sole or joint legal custody.

Sole legal custody does not happen often, and then only in cases where the parties have a demonstrated history of being profoundly unable to cooperate and agree on what is best for the child. When a Michigan court awards a parent sole legal custody, it means that parent has the ability to make unilateral decisions about the children’s welfare without consulting the other parent. However, the non-custodial parent is still entitled to receive information and records related to the child, even if they cannot make decisions.

It is far more common for the Court to award joint legal custody. This is a court order directing parents to put their personal animosity aside and work together to reach consensus about the things that matter most for the child’s welfare. Essentially, joint legal custody rights mean that neither parent can make decisions about the big issues in a child’s life without the agreement of the other.

What Counts as a Major Decision in Joint Custody Decision-Making

There are four big categories of major decisions that fall under the umbrella of joint legal custody:

  • Health (including medical treatment, dental, vision, and mental health treatments)
  • Education (including school enrollment and extracurricular activities)
  • Religion (including baptisms, mitzvahs, and religious instruction)
  • Welfare (including safety concerns, special needs, or where a child will live)

However, that does not mean that parents with joint legal custody need to coordinate on every bandaid or homework assignment. Michigan law says that when a parent is exercising court-ordered parenting time, he or she has authority to “decide all routine matters concerning the child.”

The line between routine and major decisions isn’t always clear. For example, a parent can certainly take a child to urgent care after an accident, but then may need to consult their co-parent before consenting to non-emergency treatment. Parents usually have unilateral authority to select child-care providers and daycares during their respective parenting time, but need to reach consensus on where the child will attend preschool or kindergarten. Similarly, it is not necessarily a violation of joint legal custody to take a child to a religious service or holiday celebration, but when it becomes a pattern it can become an issue.

Steps to Reach Agreement on Joint Legal Custody Decisions

To avoid post-judgment enforcement proceedings, it is a good idea to be transparent about what happens to the children while in your care, and to involve your co-parent in child-rearing decisions whenever possible. The first step to good co-parenting is clear communication.

The first step is communication. You and your co-parent should be in frequent contact about the child’s needs, school assignments, medical appointments, and anything else related to one of the four categories. If something happens (like an accident), avoid casting blame. Just ask what happened, and focus on what needs to be done to protect the child going forward. Don’t hide information, and try not to be argumentative. That will only interfere with your ability to come to a decision.

If you are unable to agree, get advice from professionals connected to the issue such as the child’s pediatrician or school teacher. In most cases, if the matter comes to court, the judge is going to want to know what these professionals are recommending, and will likely follow those recommendations unless there is conflicting information. You can cut that process short by following the experts’ advice.

If there are second opinions, or different perspectives on the need for treatment or the priorities between good options, you may want to attend out-of-court mediation to resolve your dispute. A neutral mediator can help facilitate your conversation and guide you to a resolution that puts your child’s interests first.

What to Do if You Can’t Resolve a Joint Legal Custody Decision

If you still can’t agree on a major decision in your joint legal custody, you can agree to work with a parenting coordinator to keep your family out of court. By appointing a parenting coordinator, you and your coparent can work with a trained professional to come to an agreement or get a recommendation for a final resolution. When working with a parenting coordinator, you should be prepared to support your position with objective evidence that it is better (rather than other alternatives). This could include:

  • School rankings for enrollment issues
  • Medical professionals’ recommendations for treatment
  • Educational records for absenteeism
  • Input from teachers, family friends, coaches, or other authority figures your child goes to for support about religion, counseling, mental health, or other issues.

While either parent can file a motion to ask the judge to resolve the dispute, it can often backfire by worsening your family dynamics and coworking relationship, or resulting in a court order neither parent wants. When a motion is filed, the Court will hold a hearing and make a decision it believes is in the best interests of the child based on the evidence presented.

At NSSSB, our Ann Arbor family law attorneys help parents keep the focus on their kids. We can help you negotiate legal custody decisions, and craft legal arguments to protect your child’s best interests. We also offer facilitated mediation on legal custody issues. Click here to schedule a consultation with one of our experienced attorneys.

Categories: Child Custody