Decision-Making and Parenting Time in Family Law
When parents separate or divorce, decisions regarding their children's welfare become a crucial topic. These decisions primarily revolve around 'decision-making responsibilities' and 'parenting time.' Understanding these terms is important for any parent navigating a separation or divorce process. Let's delve into these concepts and unpack them.
What Are Decision-Making Responsibilities?
Decision-making responsibilities refer to the rights to make essential decisions about the child's care and upbringing. These responsibilities may encompass decisions about education, non-emergency medical situations, religious upbringing, and extracurricular activities. These rights must always be exercised in the child's best interest. When they aren't, the state may intervene to safeguard the child.
What is Parenting Time?
Parenting time refers to the schedule for when the child spends time with each parent. It marks out the residential schedule for the child and is not governed by any specific formula but is instead determined based on the child's best interests.
Changing Court Orders Regarding Parenting
If decision-making and parenting time are outlined in a court order, or if both parents do not agree to a proposed change in an agreement, only the court can make the change. Stability is usually seen as being in the child's best interests. Therefore, unless both parents agree, a judge will change an existing order only if there has been some significant change in the child's needs or circumstances or in a parent's ability to meet the child's needs.
Conclusion
Understanding these principles can make a significant difference in how smoothly the process goes for both parents and children involved. Always remember, the child's best interests should always be the guiding principle in any decision-making process.
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