You and your spouse got a divorce last year. This is the first summer where you have been operating as coparents, exchanging physical custody.
So far, things have gone smoothly, but you are afraid that potential complications may loom in the future. Your child is going to be enrolled in school for the first time this fall. Do you or your ex get to choose the school? What if you do not agree on which school the child should attend?
Your legal custody rights
The answer is different from one case to the next, but it just depends on who has legal custody rights. Both you and your spouse may have shared physical custody rights, and you have been making custody exchanges as you coparent over the summer, but legal custody rights could be divided differently.
For example, if you are the only one with legal custody rights, then you can simply choose the school without involving your ex-spouse. But if you both share legal custody rights, the same way that you share physical custody rights, then the two of you have to work together and select a school.
Education is just one example. Legal custody rights often govern important decisions, perhaps relating to education, religion or healthcare. When these rights are shared, you and your former spouse have to work together.
How do you resolve a dispute?
Naturally, disputes do arise. Both of you may be set on different schools, and this can sometimes lead to significant custody disputes that wind up in litigation. Be sure you understand all of your legal rights as you move through this process.
