There are many decisions that you and your spouse have to make for your children. While you are married, you share this responsibility and work together to make these key decisions jointly. You are the only adults who have the legal right to do this for your child.
But how do those rights change after a divorce? Who gets to make decisions on your child’s behalf? What happens if the two of you do not agree on something? Do you get to make the final decision, or does your ex?
Who has legal custody?
It depends on how the court split up custody rights during the divorce. Remember that physical custody is just half of the equation. The court will also divide legal custody, which determines how you make decisions.
In some cases, the court may give legal custody only to one parent. If you have 100% legal custody rights, for example, you can make decisions for your child without your ex’s input. It does not matter if your ex agrees with you or not. The court has determined that it is in your child’s best interests for you to be in charge.
However, there are many divorce cases in which the court splits those legal custody rights between divorced parents. This means they have to work together to make decisions about things like healthcare, religion, education or finances.
Naturally, this can lead to conflicts between former spouses. What if your ex approves a medical procedure for your child without your consent? What if you can’t agree on what school to enroll the child in? When you find yourself in this position, it’s important to understand what legal options you have.