Your child is going back to school this fall, but they are also going to be switching schools. Maybe they recently completed elementary or middle school, so they are moving up to the next level. You need to enroll them in a new school so that they can continue their education.
That being said, you and your spouse got a divorce over the summer. Last year, you worked together to choose your child’s school. But who gets to make that decision now that the two of you are no longer married?
Legal custody rights
There is a chance that both of you still have to work together to select a school, prioritizing your child’s best interests. The key lies in your child custody order, which divides not just physical custody rights, but also legal custody rights.
If the court ordered that the two of you would share legal custody rights, you both have a say in decisions such as where your child goes to school or what medical care they receive. Neither one of you can act independently without potentially violating the other parent’s rights. You will need to find a joint solution and choose a school you both agree on. If you cannot agree, then a court will have to decide which parent is given the right to select the child’s school.
On the other hand, your child custody order may state that you alone have legal custody rights, even if you share physical custody with your ex. If that is the case, then you can simply select the school that you would like. Your ex does not have any say in the matter, so you do not necessarily have to take their input. This decision is up to you.
Child custody arrangements can vary significantly from one situation to the next, so it is very important to know how yours was set up and what legal rights you have.
