All right.
Joint legal decision making sounds fair.
Until it traps you, literally traps you.
What joint decision making is,
is both parties have to come
together to make a decision.
Now, at first, again, when we are behind
the compass and not really understanding
it, how to navigate this divorce,
we're just starting to figure it out.
We hear joint and we think, awesome.
We think this is great for us.
This is a good decision.
This is fair.
This is equal.
It only works when both people cooperate,
which if you are in high conflict
or going to be in high conflict,
cooperating is not anywhere close to
where you are at or going to have.
And so then there comes in control.
So what is joint really?
Either party can actually veto a
decision because you have to agree.
So it's going to say, and we're gonna
get into the clauses that both parties
have to come together really agree.
So joint essentially says
you have to come together.
And if you don't, that's a veto power.
And in the paperwork it says that to move
forward you have to come to an agreement.
It's not a suggestion,
it's a, you have to.
So then we have where silence or a
delay in response or just giving no
consent comes into the veto power.
Any major decision for your child
and what most plans don't define
is what is a joint decision.
Now, again, we're gonna go into some
actual clauses here in one second,
but just think about that real quick.
We're getting divorced and we want
joint, or we've been told that joint
is the only thing on the table.
What that essentially is going to
mean is that every major decision.
Has to be together.
But what is a major decision is
the daily stuff I do with my kids.
Is that enough for me to
just make the call on?
And I know if you're listening,
you're probably like, Sam, just
use your judgment if you are
divorcing somebody of high conflict.
My judgment went out the
window when I said divorce.
My high conflict X won't
let me have a judgment.
They think I'm dumb and will
talk down to me as if I should be
doing everything that they say.
So in a matter of speaking, you
need to understand that when it
says joint high conflict, people
are going to try to run the show.
When it's convenient for them, it's a yes.
And when it's inconvenient
for them, it's a no.
Every issue becomes a fight.
And so when I break it down in the
services that I provide for my clients,
I break down a list of what is a daily
decision and what is a joint decision.
That is a major decision.
Meaning what do we have to talk about and
what can I just get away with on my own?
And when you don't have that
distinction, there's problems.
But let's break down some
clauses, joint authority.
If you have this clause in your
parenting plan, run, do not sign.
Again, not legal advice, just a
heavy suggestion from a veteran.
The party shall share.
Here's that shower again, shall share
joint legal decision making authority
with respect to here's the broad
terms, people, people, education,
medical care, mental health treatments,
and extracurricular activities.
I'm sorry, could we go into
some more detail please?
Required agreement could say something
like this, neither party shall make a
unilateral decision regarding major issues
affecting the minor child without the
consent of the other party affecting,
well, maybe I think it affects the
child, but they don't think it affects
the child, not emergency limits.
All non-emergency medical, psychological,
or therapeutic care shall require
the mutual agreement of both parties.
So let's break these down because
that's what we're here to do today.
First off, the first one, joint Authority.
This one says, we shall share in
joint legal decision making of
the following, but on when it says
education, does it talk about all
the subcategories under education?
So everything from that school district,
we have to jointly agree upon as a veteran
mom who's done this for many decades
with a high conflict X, you better hope
not because that's every discussion.
And everything that comes off that
table or outta that book bag or from
that email has to be a discussion with
your high conflict ex who not only
hates you, but wants to ruin your life.
So be thinking about all those
medical things, and this is
what's really hard for you.
young parents who have young
children, you know, the toddlers
you don't really know yet.
Now my kids are grown.
They're, the adults and I restarting
with my second family of little boys, so
I'm going through all this educational
stuff again, so it's all fresh.
But there's so many little
things that you think, yeah, I
can sign that field trip form.
Yeah, I can sign them up for hot lunch.
Yeah, I can put them in a little program.
I don't know.
Can you, it all depends on
what your parenting plan says.
Medical care.
Let's really think about that.
Can I take my kid for the sniffles
now that it's flu and cold season,
or do I have to have permission?
Am I doing vaccinations, am I not?
Again, some of these are very obvious
what is major, but what if I just feel
like I wanna give a little Tylenol or
some Motrin for a little headache or some
aches and pains, or maybe they went to
the dentist and they have a toothache.
Am I allowed to do that?
It depends on what your
parenting plan says.
So when you just have a vague statement
like, Hey, we both have to agree
on their mental health treatment.
Does that mean just therapy?
Does that mean a big
brother, big sister program?
Does that mean hey, I can let
them talk to the person at school
that offers it free for everybody.
Extracurriculars, I'm just gonna
tell you now, is one of the biggest
arguments known to man right next
to therapy and money for divorcees.
Do we put the child in this?
Do we not put the child in this?
And when it says just extracurricular,
and that's all it says, guys, that's
all it's, it's a one sentence wonder.
I wonder what it means when it
just says, just extracurricular.
Are we talking about a
tap class on a Tuesday?
That's just my, my Tuesday's the
only day that I have her and, and
I wanna put her in a tap class.
Does it mean the travel sport
that is 11 months out of the year
and costs thousands of dollars?
I think there's a big difference between a
Tuesday night tap class cost me $25 versus
a travel sport that cost me $20,000.
Which one are we having to jointly
agree and I'm, just gonna say this
now, if you're somebody listening to
this and you're like, Sam, both, we
are not the same and we're not dealing
with the same type of evil this podcast
is for high conflict environments.
Everything I just mentioned on here is
a fight with high conflict people, and
it sounds so basic, a field trip form.
I'm telling you right now, for those
of you that know what I'm talking
about, just Laugh at this now.
Right?
The first time you signed a field trip
form and sent it back and they found out.
How fast did you get that phone
call emailed, text or threat?
Was it the day of the field trip?
Was it the next morning?
And on on an email with
the teacher also on it.
How dare you sign a field trip form?
Okay.
Our kids in fourth grade,
we've been signing them.
Whoever gets to it first, I got to it.
It's not like we're not gonna
let the kid go on the field trip.
We've always let them go on a field
trip, but just because I gave permission
and signed and sent the $4, now
I'm the worst parent in the world.
For those of you that don't
understand this, just get ready.
I would rather you be sitting there and be
overly prepared and be ready for this shit
than to be blindsided like a lot of us.
When that happened and
you're like, is this a joke?
Am I getting punked?
Are you really upset about a signature on
a field trip form and the fourth grade,
I've been signing 'em for four years, and
the answer is yes, they are that upset.
Required agreement.
Let's go over this one again.
Unilateral decision, meaning you can't
make a decision without the other one's
permission, but it doesn't say over
what the major or the minor, but it does
say if it's issues affecting the child.
Is getting your ears
pierced, affecting the child?
I don't know.
It's it's a decision at your house.
It may be a yes at this
house, it may be a no.
Do you see why there needs
to be distinction in detail?
So you have to make sure when you
read these sentences, you don't read
them with your rose colored glasses,
and you go, oh, see right there,
nobody can make a decision without me.
Reverse that.
You can't make a decision without them.
They will say no over the
dumbest, silliest, you've
been doing it for years stuff.
But if they can tie it into it
affects the child, they can say no
to it, which is the veto power with
joint, this non emergent limit.
You know, you may think like,
okay, if it's not an emergency,
I have to get permission.
That's what this is saying.
So you can't go get your kid
help and I'm sorry if you're
dealing with high conflict.
The ugly truth of it is you are
going to need your child to have
some other person to talk to
besides you and your high conflict.
X. Your child needs to have a third
party listening, validating, empathizing,
being a support staff person.
It can't just be all you all the
time and your high conflict acts.
Oh, that's a hell no.
So the details matter in joint that
you protect your piece of making it
so crystal clear, taking the time.
My masterclass goes through every
detail possible that you need to know
what is the difference between minor
and major and let's build that list.
Let's build that list so
that I can clearly go, okay.
A decision has come up.
Let's see, is it a minor
And I have the, go ahead.
'cause I can make unilateral decisions
over here for minor, or is it a major?
And I do have to ask permission.
I wanna know the difference because
if I don't, the only thing I have
left to do is to work with my ex.
Ugh.
Or call my attorney.
Cha ching.
Cha ching.
So I don't wanna do either
one of those things.
So why Note, I don't know, Larry, we
write the best damn plan we can to
eliminate any kind of possibility of
having to question when do we have
to work together and when do we not?
To me, this sounds so fucking simple.
When do I have to work with
them and when do I not not leave
it up for this vague bullshit.
All educational shit, all medical stuff,
all health treatment, all extracurricular.
They forgot one on this one.
All religious stuff.
So if I wanna take my kids to the
Christmas lights, singing songs at
my church, I have to ask permission.
'cause it's religious because it just
says religious is a major decision.
Religion is a major.
That's all it says.
So by me taking my kid into church,
did I violate the order because I
unilaterally made that decision?
And I'm telling you right now, I
have clients whose exes that's a yes.
They don't want them going
to that church or temple.
They're against that church.
They're against that temple.
They don't like that one, heaven forbid.
No, you can't go to that one.
But they have joint, so
they have veto power.
So now you can't take your kid to
a church you grew up at and you
move back home because your ex says
no, because they don't like that.
It's in your hometown.
We have to be careful when we're
signing these things that we're
allowing all of this vague wording.
To paralyze us into, we get to do nothing.
We get to do nothing.
Everybody thinks join is great.
I don't.
I absolutely don't.
I think it's horrible.
I think it's a money pit.
I think it's an emotionally
and psychologically draining on
one, if not both parents, but
definitely your fucking kids.
I think joint is a cop out.
I think judges have totally
escaped responsibility of
making the choice on who is.
Good and who is bad.
So I can't fathom anybody that would read
that sentence and say, both parties must
agree on all major decisions regarding
medical, educational, extracurricular,
religion, and be like, yeah, sounds good.
But we sign it because we don't
understand what that means yet.
'cause we haven't used it yet.
We're signing and agreeing that,
yeah, that sounds like a good
plan, but we haven't used it yet.
That's where I want you to understand
what joint in your paperwork.
You gotta make sure you are well
versed and educated about what
does it mean for you and your state
where you're located to make sure
that you can make those decisions.
I'm gonna take it a step further,
and this is what the parenting plan
that we custom build for people does.
We go ahead and make all of those
decisions because we know the
world is stuck on joint right now,
and hopefully it goes back to one
parent being the decision maker.
The world is stuck on joint.
So if joint is something that's
in your future, consider us
building your parenting plan.
'cause here's why.
We go through and make the decision
about all the We talk about vaccinations,
we talk about the field trips, we
talk about medical treatment, we talk
about therapy, we talk about braces,
we talk about glasses because why?
I would rather there be a
decision now in writing on paper.
I know I have a 1-year-old, I'm
gonna plan out their whole life.
The last thing I wanna do though, if
I don't plan it out, is work with my
attorney for the next 18 years, or
work with my ex for the next 18 years.
So that's what I wanna do.
Now, again, if you don't have joint in
your agreement and you for sure think that
you're gonna get sole decision making, go
buy 10 lottery tickets and pass 'em out.
' cause you're lucky.
But where the world is, a lot of
people are getting stuck in joint.
So what would I do instead of joint?
First off, I would narrow down
specifically what is joint.
Okay.
I would have a clear
definition of major and minor.
Clearly.
I would also have in there
what happens if we do disagree?
What happens?
Are we paralyzed and just nothing
happens, and it's a constant veto, a
constant, you get to say no, and I have
to just suck it up and deal with it.
Or is there steps, meaning
maybe somebody's tiebreaker.
Love that.
I love that.
I would rather even, this is like a
bizarre, I'm spit balling ideas here.
I, this is what I'd rather have than
you spend fucking an asshole of money
in court every fucking two months
going back over a major decision.
I would rather somebody be
tiebreaker in odd years and
somebody else be in even years.
I'd rather somebody be
education decision tiebreaker.
Extracurricular tiebreaker.
Then the other person
gets medical and religion.
Split up the four categories
again, we have education,
extracurricular, medical, and religion.
There's four.
You get two.
I get two tiebreaker.
If we ever get to a crossroads
where we can't agree, you get the
decision and I'm good with that.
I would rather have them
make a bad decision outside
of medical and just fuck it.
It it, it's a decision at
least versus this limbo of
like, let's go back to court.
Let's drop down a car payment on just
hiring and, and just spending all
this money over decisions that could
have been made so many fucking months
and years ago in the divorce process,
but we were blind and deaf because
maybe you weren't following me yet.
Now, I'm not gonna lie,
attorneys hate my guts.
Larry's all over the world come for
me daily and, and I'm good with it.
I'm rattling the cage.
I wanna educate you guys
on what it is your signing,
'cause this is your paperwork.
When I got my four pages in the early two
thousands, again, I thought it was liquid
fucking gold till I went and used it.
And then I realized it was
worthless because of the may and
shall and all these fucking words,
like we're talking in tongues.
Just tell me what I'm supposed to
do and what I'm not supposed to do.
Like, can we just write it like that?
So that's how my team does it so like
a third grader can understand it.
I need you to understand
what you sign with.
Joint can paralyze you for years
and keep you in court for years.
So take the time.
Don't let them rush you.
Don't let them go into this whole,
like, Sam, everybody gets joint.
Just sign it.
It's joint.
It's joint.
What does that mean?
When am I having, how and how do we talk?
Okay.
Let's say there is something
you need to bring up.
Is there any language in there
about how to bring this stuff up?
I want you to understand that joint
language gives a power, just inequality.
The power is shifted to whoever just has
no problem being a dick or an asshole
or a bitch and saying no to things
that they know deep down this kid wants
to do or should be doing or needs.
But because you are the one that
brought it up, it's a no, it's a no.
And so when it comes into joint parenting.
The next thing we gotta really
think about is our parenting time.
So in the next episode, we're gonna
dive into parenting time detailed traps
that are written into parenting plans by
Larry's and court systems and mediators
that just get parents to fail left and
right, and lose their children, lose
time with their children, lose the
ability to go on vacations, lose the
ability to go to holidays because the
parenting plan didn't protect them.
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