If you move forward with an Ohio dissolution, you will need to determine who gets what parental decision-making authorities. Overall, a dissolution of marriage is a more straightforward option than getting a traditional divorce, but it can still come with its own challenges, especially if children are involved.
When the dissolution involves children, both parents will need to work together to determine who has decision-making authority in the parenting plan.
In this article, we will discuss the role of parental decision-making in an Ohio dissolution of marriage.
How Ohio Dissolutions Work When Children Are Involved
When you get a dissolution of marriage in Ohio, both spouses need to be in agreement regarding all of the details of this process. And this can become quite difficult when young children are involved.
Firstly, the standard rule for a dissolution is that you need to provide a separation agreement with your dissolution petition. But if you and your spouse have children, your separation agreement will need to include a parenting plan that outlines care and support for the children. This parenting plan needs to include the following information:
- Who will pay child support, and how much it will be.
- Who will claim the child for tax purposes.
- Information regarding sole custody or shared parenting responsibilities.
- A schedule for parenting time and physical custody.
- Who will provide health insurance, and the type of coverage.
- Who will be responsible for unexpected financial responsibilities for the child.
How parental decision-making authority in an Ohio dissolution is determined comes down to whether the parenting plan is for sole custody or shared parenting. Sole custody would mean that one parent is responsible for the child and can make all medical decisions. Whereas a shared parenting plan means that both parents have equal decision-making authority.
Keep in mind that although sole custody arrangements may sound easier, the court usually favors shared parenting arrangements.
Common Sources of Disagreement
Although you and your spouse may agree on most things, it isn’t uncommon for there to be disagreements when it comes to healthcare decisions for children. This is a touchy subject, and both parents may have their own approach or way of looking at things.
Here are some examples of common sources of disagreement parents may run into when it comes to medical decisions:
- Major medical procedures
- Ongoing medical treatment
- Mental health treatment
- Preventative healthcare treatment
- Vaccinations
What Happens When Parents Cannot Agree
For a dissolution to go smoothly, both parents need to be able to agree on every aspect of this process. This includes any decisions that come after the dissolution.
If both parents cannot agree on medical decisions, they will need to use the following strategies to come to a shared decision:
- Parenting plan provisions: When there is a disagreement regarding medical care, the first step is to look at the parenting plan provisions for answers. There may be additional details added during the dissolution to help determine what can be done to resolve the conflict.
- Mediation: If the parenting plan does not provide the answer, mediation or other dispute resolution processes may be necessary. When this is the case, the best option is to usually bring in a third party who can help mediate and bring both sides together. After all, both parents want what is best for the child, so common ground can usually be found.
- Court Involvement: If none of these options have worked, the last resort is court intervention to determine what should be done. This puts the decision into the hands of a judge who can determine what is best for the child.
No matter what the disagreement is, it’s essential that you get the help of a child custody attorney in Ohio. An attorney can ensure your rights are protected, and the best interests of your child are prioritized throughout this process. An attorney will be especially helpful if court intervention is necessary, as they can represent your side of the story.
How Courts Evaluate Medical Decision Disputes
How the court evaluates shared parenting medical decision disputes in Ohio varies from case to case. This is because every dispute is unique and may have special circumstances that will impact the judge’s final decision.
But in most dispute cases, the judge will primarily focus on the best interests of the child. For instance, the judge will try to determine whether or not the medical procedure or treatment will improve the child’s quality of life or is medically necessary.
The cooperation history of both parents can also impact the judges final decision. This may be the case if one parent has a history of not cooperating or collaborating with the other parent, which could raise a red flag.
To get the best possible outcome for your child, you should be prepared to provide evidence to the judge, such as medical records, diagnoses, and expert recommendations.
FAQ Section
Can one parent make emergency medical decisions?
Legally speaking, if the plan is for shared parenting, both parents need to be involved in medical decisions. However, in emergency situations, one parent may have to make the decision on their own.
What if my ex refuses necessary treatment?
You will need to get the court involved to ensure your child gets the necessary medical treatment. And in this type of situation, it may also be in the best interests of the child to get sole decision-making authority for the future.
Can decision-making authority be changed later?
Potentially, yes. The court may consider a change in decision-making authority if there is a good reason for this and you have evidence to back it up.
Get the Help of a Dissolution Attorney in Ohio
Although dissolutions are a more straightforward way of ending a marriage, they can become more challenging when children are involved. That is why you will need to determine shared parenting medical decisions to avoid running into issues later on. At Garretson & Holcomb, LLC, our attorneys are here to help parents navigate the dissolution process, including planning for future medical decisions. Contact us today at 513-863-6600 to get the process started with the help of a dissolution attorney in Ohio.
