You and your spouse decided to get a divorce shortly after your first child was born. They were still very young, so you had not even begun thinking about things like what school they would attend in the future.
But now a few years have gone by, and it is time to enroll that child in their first school. You have a preference, as there are some great schools in the area that you think would be ideal for your child. But your spouse has a completely different preference and wants to choose a different school system. Who gets to make that decision?
How are legal custody rights divided?
The important thing in this situation is to look at your legal custody rights. These are different than physical custody rights, and they do not address when the child lives with you or your ex. Instead, they revolve around a parent’s ability to make important decisions for a child, such as:
- Where they go to school
- What religion they are raised in
- What type of medical care they receive
If either one of you was given sole legal custody, then that person is simply allowed to choose the school on their own. But courts will often split legal custody or say that both parents have joint legal custody. This means that you and your ex have to make the decision together, so you will need to find a compromise or a joint solution. Neither you nor they can choose the school and enroll the child without the permission of the other.
Naturally, this can lead to conflicts and complicated discussions about what the future holds, so it is important to know exactly what legal options and rights you have.