You never really agreed with your spouse regarding your child’s education even while you were married. They wanted to homeschool the kids. You wanted to send them to private school. Your spouse said they would never do private school, but maybe they would agree to a public school closer to home.
You never had to make that decision as a couple because you got divorced before the child went to school. Now, however, you’re facing the same challenges as a divorced couple. How do you make an important decision like this?
The first thing to know is that there are two different types of custody: Physical custody and legal custody. The parent with legal custody can make decisions about things like school or medical care. Physical custody just refers to where the child lives.
While these are often connected, they do not have to be the same. For instance, your ex may have sole physical custody but you may have shared legal custody. The child does not live with you, but you still get a say in the major decisions in their life. This could also work the other way; the child may live with you some of the time, but, if your ex has sole legal custody, you do not get to make any educational decisions.
If you both share legal custody, then you have to work together. The power to make these choices is equal. It may be hard to work through a dispute like this, but neither one of you can make the decision all on your own.
When life gets complicated and you want what is best for your child, you need to understand all of your legal options.
