Breaking Down Tie-Breaker Authority
There are two types of custody: legal and physical. When most people hear the word “custody” they think only about physical custody: whom the children will live with. But the parenting plan must also address legal custody. Legal custody is the right to make important decisions about the raising of your children on issues such as education, extracurricular activities, healthcare, religious upbringing, etc. Both types of custody must be addressed in a document called the “parenting plan” before a judge will grant a divorce.
Like physical custody, legal custody of minor children can be awarded to one parent (sole legal custody) or both parents (joint legal custody). Almost all divorces result in joint legal custody. Even still, Georgia requires that one parent must have tie-breaking (or final decision-making) authority over 4 key areas of legal custody: education, extracurricular activities, non-emergency healthcare and religious upbringing. Of course, co-parents should always try to engage in a good-faith discussion to resolve any dispute. Below is a brief summary of each area of legal custody:
Education. Generally, children will attend public school where the primary physical custodian resides. But what if one parent wants the children to go to private school or be homeschooled? The parent with tie-breaking authority will ultimately choose which school the children will attend. That does not mean that the other parent is automatically on the hook for the expensive private school. An experienced family law attorney should ensure your final divorce documents address payment if one parent unilaterally enrolls the children in private school. Divorce documents should also permit both parents to access online report cards, attend parent-teacher conferences and receive communications from the school. In my experience, education is the most important area of legal custody. If parents live in different school districts, the parent with tie-breaking authority will most likely choose to send the children to that parent’s local school. This could be very inconvenient for the other parent!
Extracurricular Activities. Extracurricular activities can be one of the most contentious aspects of legal custody. That’s because extracurricular activities may be time consuming and expensive. And there are lots of decisions to make: how many activities should a child be enrolled in? What if one parent is adamantly opposed to their son playing football? Is there a limit to how much time or money you can obligate the other parent to spend on extracurriculars? Can you schedule extracurricular activities during the other parent’s parenting time? These are some of the many questions that your parenting plan can and should address. Heredia & Lennon Family Law parenting plans are comprehensive and resolve these issues up front and in writing so there is less room for disagreement. A good parenting plan might place a cap on how much money one parent can obligate the other parent to contribute toward extracurricular activities. This is also an area where you can think outside the box. Maybe one parent gets to choose the fall extracurricular activity and the other parent chooses the spring extracurricular activity. Maybe dad chooses activities for their son and mom chooses for their daughter for the first school year, then in the second school year dad chooses activities for their daughter and mom chooses for their son. An experienced family law attorney can help you craft a solution that allows both parents to stay involved.
Non-Emergency Healthcare. Most parents follow the recommendations of their pediatrician. But what happens if dad believes a crooked tooth builds character, and mom believes perfectly straight teeth are the only way to get a good job? Orthodontia is one of the many things at stake when deciding non-emergency healthcare. Other examples of common areas for disputes are whether a child should see a mental health professional, be medicated for ADHD, receive vaccinations, or other treatment options. A good parenting plan will also require parents to choose in-network doctors (or else pay for the cost).
Religious Upbringing. Parenting plans usually allow both parents to expose a child to any religion, place of worship or rituals during their parenting time. But if the parents practice two different religions, or one parent is more devout than the other, this may be the most important area of legal custody. And either way, decisions about religious upbringing often interact with the other areas of final decision-making. Does Sunday school count as education, extracurricular activity or religious upbringing? If your religion prohibits blood transfusions, does a blood transfusion count as a religious upbringing or healthcare decision? It is important to think about future decisions that you know may be problematic so the parenting plan can address them before they arise.
Lennon, Giovinazzo & Steele Family Law attorneys have the knowledge and experience to help with any family law issues. Contact us at 404.726.8501 or visit our website at www.lgsfamilylaw.com to schedule a Zoom or in-person consultation.