During your marriage, you and your spouse likely worked together to make decisions for your child. You jointly found a pediatrician or made healthcare decisions. You worked together to decide what religion your child should be part of or where they should go to school.
But after the divorce, the two of you may see things differently. Perhaps your ex-spouse wants your child to get a vaccine or another type of medical care that you do not approve of. Perhaps your ex wants to take your child out of their current school and enroll them in a different school system. Who actually gets to make these decisions? How do you address a difference of opinion after a divorce?
Who has legal custody?
This should be addressed by your custody agreement. Remember that child custody does not just handle physical issues, such as where your child lives and whose home they are in. Your custody agreement should also address legal custody, which is the decision-making power that you both have as parents.
In many cases, legal custody will be shared, meaning that you and your spouse still need to work together. Your ex can’t take your child out of school and enroll them in a different school system without your permission. But if just one person has legal custody, even if physical custody is shared jointly, then the one parent with legal custody can make these decisions on their own.
Resolving a dispute
Legal custody disputes are very common. It is important to understand your rights and the legal steps you can take to resolve them.
