Sole legal decision making means one parent has the legal right and responsibility to make major nonemergency decisions for the child without being required to consult or obtain agreement from the other parent. These decisions include education, health care, religious upbringing, and personal care.
Sole legal decision making is appropriate when joint decision making cannot be awarded given the history of the relationship. Domestic violence, substance abuse, a demonstrated inability to communicate and cooperate, or a pattern of one parent undermining the other's decisions are all circumstances that support sole decision making.
Under the Alec and Lydia Act, effective June 22, 2026, when a court finds domestic violence has occurred there is a mandatory presumption that awarding legal decision making to the abusive parent is contrary to the child's best interests. That presumption must be overcome by clear and convincing evidence before any decision making authority can be awarded to the abusive parent. Decision making is separate from parenting time but the same analysis applies under the Alec and Lydia Act.
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