Decision Making

The other half of the old “custody†determination is now called “decision makingâ€. Decision-making refers to the parent’s role in the major life decisions for a child. Decisions such as selection of schools, doctors, and religion must be allocated in an efficient and productive way with the primary focus being the best interests of the children.
If the parents can’t agree on how decisions should be made for their child, a Colorado divorce court will allocate decision-making authority between the parents. These decisions include:
- Child’s education
- Health care
- Religious upbringing
Other major decisions which may be included are:
- Joining the military
- Marriage
- Drivers license
- Body piercing
- Tattoos
Decision-making responsibility in Colorado may be allocated solely to one parent or jointly to both parents. Courts prefer it if the parents can make joint decisions.
The parties may incorporate an agreement related to decision-making responsibility into their Parenting Plan. If parents can’t agree, the Colorado divorce court will allocated it at a Permanent Orders hearing.
Generally, speaking, regardless of the allocation of decision-making in the Parenting Plan, either parent may make emergency decisions affecting the health or safety of the child while the child is with them. Likewise, each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.
Obviously, parents who have shared decision-making responsibility sometimes don’t agree. When this happens, Colorado divorce courts will often require to parents to mediate their dispute prior to bringing it to the court. If mediation doesn’t solve the dispute, then the parents may bring it to a family law judge who will make a final decision for the parents.
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