As a parent, making major decisions for your child is one of your most important responsibilities. When navigating co-parenting after a breakup, separation, or divorce, this responsibility can become more complex. Like most issues involving children, there is no “one size fits all” solution. Courts have several approaches to address decision-making, and the right structure will depend on your family’s unique dynamics.
Joint Legal Custody
The most common arrangement is for the Court to award joint legal custody. This means both parents share the responsibility of making major decisions regarding the child’s education, medical care, extracurricular activities, and overall welfare. Parents must reach mutual agreements before moving forward on these important issues.
Joint Custody with a Designated Final Decision-Maker
Sometimes, the Court will still award joint legal custody but allow one parent to act as the “tie-breaker” if the parents cannot agree. This authority may apply to all major decisions, or the Court may assign each parent decision-making power in specific areas (for example, one parent has final decision-making authority for medical issues and the other parent has final decision-making authority for educational decisions).
Sole Legal Custody
In rare situations, the Court may award one parent sole legal custody. This gives that parent the exclusive right to make major decisions for the child without consulting the other. Because the Court typically wants both parents involved in a child’s life, sole legal custody is usually reserved for extreme or special circumstances, such as cases involving safety concerns or a history of uncooperative behavior.
Finding the Right Solution for Your Family
One important thing to remember: As co-parents, the Court strongly encourages you to discuss and create a solution that you feel works best for your family dynamic.
If you and your child’s other parent agree on a different arrangement for decision-making, you have the agency to put your agreed-upon legal custody arrangement in writing and submit it to a Judge for approval. Once formalized by way of a consent order, that legal custody arrangement will guide how decisions are made moving forward. For those who cannot reach an agreement on their own though, legal custody will be decided by the Court.
Next Steps
Be sure to sit down with a family law attorney to discuss what you believe is best for your situation. Our Modern Legal team is here to guide you through the process and help you find the solution that protects your child’s best interests while supporting your role as a parent.
If you or somebody you know would like to learn more about child custody, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina and South Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
