The Importance of a Well Drafted Major Decision Making Clause in Your Shared Parenting Plan

What Is a Major Decision Making Clause in a Shared Parenting Plan?

Shared parenting plans in Ohio, are designed to promote cooperation between divorced parents while ensuring that both remain actively involved in their children’s lives. However, one of the most overlooked yet crucial parts of these plans is the major decision making clause. This provision determines how key choices – like education, healthcare, and religious upbringing – will be made. When not clearly defined, it can lead to confusion, conflict, and future litigation. In my experience, one of the MOST important sections included in a shared parenting plan is the “major decision making clause”.

These clauses show the court that the parties are committed to cooperative problem-solving. In short, decision-making clauses should never be treated as boilerplate. Each family is unique – and the plan’s language should reflect that. A thoughtful, customized clause not only protects your client’s interests but also promotes the child’s well-being and reduces conflict for years to come. Careful drafting is imperative!

5 Tips to Consider When Drafting a Shared parenting Plan.

1. Avoiding Ambiguity and Power Struggles.

Ambiguity in decision-making language can invite disputes. For example, simply saying that parents will consult on all major decisions without specifying a method for breaking ties can create gridlock. Courts have repeatedly emphasized the need for clarity so that parents – and judges – can interpret responsibilities without speculation.

2. Protecting the Child’s Best Interests.

When both parents understand how decisions are to be made, children benefit from stability and consistency. Clearly delineated authority reduces stress and helps prevent children from being caught in the middle of parental disagreements.

3. Reflecting Each Parent’s Strengths.

A well-drafted clause allows flexibility while recognizing each parent’s expertise. For instance, one parent may be more qualified to handle educational decisions due to a background in teaching, while the other may take the lead on healthcare decisions. The language should align with each parent’s strengths and the child’s needs.

4. Reducing Future Litigation.

Vague or conflicting decision-making provisions are a leading cause of post-decree motions. Spending a little extra time crafting this section during the initial agreement can save clients significant time and expense down the road.

5. Incorporating Dispute Resolution Mechanisms.

This clause often includes tiebreaker provisions, which give one parent the final decision to making authority. Adding this or at least a mediation provision barring any court intervention can keep parents away from knee-jerk litigation and encourage collaboration and resolution. There are tons of ways to draft this important alternative dispute resolution language!

Ohio Case law Construing Major Decision Making Clauses.

There are numerous Ohio cases where the language in a shared parenting plan has been the cause of a dispute. In one Ohio case, the court specifically noted that the language in the shared parenting plan was ambiguous. Hidaoui v. Hidaoui, 2025-Ohio-4784 (12th App. Dist., Oct. 20, 2025). The Court found that the Father had final decision making authority over the Daughter’s healthcare, although the plan stated that all major decisions would be “mutually discussed and agreed in advance”. The Mother appealed, disagreeing with this interpretation of the plan; Just because Father had final decision making authority over some issues, did not mean Father should have final say on all healthcare decisions. However, due to poor drafting language used and the difference in interpretation, the court upheld the decision to keep father as “tiebreaker”. Click here to read it.

Even the title of the document, like a Final decree of Shared Parenting instead of a Shared Parenting Plan, can impact the standard a court follows when modifying the existing parenting agreement. S.S. v. T.M., 2025 (8th Dist.) (June 2025). In one case, the original plan provided for joint medical decision making, with the treating healthcare provider’s recommendation controlling if they disagreed. However, the difference between a “decree” and a “plan” allowed the court to change the shared parenting plan to designate the Mother as the final medical decision-maker for the child. Click here to read it.

Bottom Line Suggestions:

Hiring an experienced divorce attorney can help you to avoid issues of interpretation. These issues can be costly and time consuming to litigate. More importantly, they impact who can make important decisions for your child, and how. Although AI and the abundance of questionable information available online may make it tempting to try to create one’s own legal documents. Using cookie cutter language from whatever source is a huge mistake. Hire an experienced divorce lawyer to tailor the language to be clear to fit your circumstances.

MuesLaw Provides Experienced, Trusted and Professional Advice if You Are Considering Ending Your Marriage.

MuesLaw can assist you with your divorce, dissolution and parenting/custody related issues. To learn more, please go to our website at mueslaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!

PUBLISHER’S NOTE:
I want to thank Rachel Recker for helping draft this blog article. She graduated in May from the University of Dayton School Of Law and besides clerking with us she passed the Bar exam and will be sworn in as an attorney on November 17, 2025. CONGRATULATIONS Rachel – well done! We are glad you are working with us!

Please consider joining or following us!

• 
• 
• 
• 
• 

© 2025, Ohio Family Law Blog. All rights reserved.