Parental Responsibility and Child Custody

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Transcripts:

00:00:00: When going through a custody case the judge is going to enter a parenting plan if you have children there’s two ways to go about it one you and your spouse can agree and the judge will enter it that way or the judge can make a decision and enter a parenting plan when the judge makes a decision he looks at over 20 factors and one of those factors is the division of parental responsibilities parental responsibilities are pretty much exactly what it sounds who’s going to be responsible for what parenting

00:00:38: Tasks for example who gets the kids up in the morning who does homework with them there’s a very basic parental responsibilities like providing food water and shelter for your children and there could be more complex parental responsibilities ensuring your kids grow up to be functioning members of society that they have a good moral ground to stand upon etc the court is going to want to know historically who has done these parental responsibilities who’s gotten the kids up who takes in the school who does homework etc the courts

00:01:12: Also going to want to know well once you separate who’s going to continue to do these responsibilities in each household one important factor the court looks at is are you going to have to delegate these promo responsibilities to third parties is your new spouse going to have to do these are you going to have to rely on grandma your aunt or someone else in the family a judge looks at that factor in determining what sort of time sharing schedule the judge is going to order in a custody case [Music]

00:01:42: The majority of people have what’s called shared parental responsibilities and they make those decisions together one party could have sole parental responsibility and it’s often very hard to get you have to prove that you know that it’s necessary and it’s in the best interest of the child to have sole Pro no responsibility but what that means is one parent alone makes all the decisions and does not have to consult with the other parent when they make that decision there’s a hybrid of those two

00:02:09: Which is called ultimate decision-making authority when it comes to specific issues so for example a judge could say you’re going to be able to make all the medical decisions for the child or you’re going to make all the educational decisions for the child and the other parent doesn’t have a say in that specifically but everything else they would have a say in and in order to get that you’re going to have to prove that the other parent for some reason is being completely obstructionist or for some reason they’re just refusing to

00:02:36: Make a decision and really harming the child I recommend having a more detailed parenting plan even if you do get along because in the future that might always be the case and you want to have this detailed parenting plan to fall back on in the event that some parent decides not to follow the court order you