Can I Challenge Final Decision Making Authority?

HG.org
Oct 8, 2015
3 min read

In Georgia, a judge can designate or parents can decide on which parent will have final decision making authority. This authority extends to certain important aspects of the child’s life.

What Is Final Decision Making Authority? Final decision making authority is basically the tie breaker. If parents do not agree on something, the parent with final decision making authority can overrule the opinion of the other parent. This does not mean that one parent can make unilateral decisions. Instead, parents are still expected to discuss issues that arise in their child’s life and then only use final decision making authority if they cannot reach a common solution. Final decision making authority is usually divided into four categories: health, education, extracurricular activities and religion. Sometimes one parent has final decision making authority for all aspects, while in other cases, the authority may be split by category. For example, one parent may be given final decision making authority regarding the child’s education, health and religion, while the other is given this authority regarding extracurricular activities. Although there will certainly be other areas of the child’s life that require decisions, these areas are considering four categories of major decisions that require some designation. How Is Final Decision Making Authority Determined? Parents can discuss their feelings with each other about which parent should have custody and which parent should have final decision making authority. Often, but not always, the parent with primary physical custody will also have final decision making authority. Some parents decide that joint physical custody is the best arrangement to ensure that the child has more access to both parents. Parents may discuss this information privately or through mediation. If the parent’s agreement states that the parents will share final decision making authority, the agreement must specify how disagreements regarding these issues will be resolved. Information regarding final decision making authority is included in the parenting plan or a settlement agreement. The parenting plan or settlement agreement may also address allocation of specific costs or limits on specific activities. However, if parents cannot reach their own decision regarding child custody, one parent can petition the court to make this decision. The court decides custody, visitation and final decision making authority issues based on the best interest of the child. The court may consider a number of factors in determining what is in the best interests of the child, including: • The child’s wishes if he or she is old enough to articulate and explain them • The likelihood that the parent will encourage a relationship between the child and the other parent • The relationship between the child and each parent and the child and his or her siblings • The parent’s involvement in the child’s education, social life and extracurricular activities • The financial stability of the parent • The safety of the home environment • The parent’s mental and physical health • Other factors that can affect the child A party can ask the judge deciding the case to provide specific findings of fact regarding why he or she ruled the way that he or she did. Modification of Final Decision Making Authority If one of the parties is no longer satisfied with the allocation of final decision making authority, he or she can try to get the other parent to agree to a modification. If this is not successful, the party will have to petition the court for a modification. Georgia allows a parent to bring forth a motion to review the arrangement once every two years after the judgment is made without having to show a material change in circumstances. However, if there is a material change in circumstance, the parent can file the motion to review even if it has been less than two years since the last review. The judge will use the best interest of the child standard explained above. Copyright HG.org Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.