What are the rights of the primary residential parent?
The primary residential parent has final authority to make
decisions about the day-to-day care and control of the child while the child is
residing with that parent, which will be most days. The parenting plan will
further allocate final decision-making authority between the parents on topics
such as education, health care, extracurricular activities, and religious
upbringing. This authority may also be shared. In any event, one parent's
authority is never absolute. A parent who disagrees with decisions made by the
other can initiate mediation to discuss the other parent's decision on the
grounds that the challenged action is not in the best interest of the child.
This request for mediation, under the parenting plan, could be the first step
to challenging the decision in court. Judges, though, will rarely overrule a
parent's decision unless it will endanger the child.
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