As married parents, you and your spouse had to make joint decisions on your child’s behalf. Where would they go to school? What medical treatments would they receive? Where would they open a bank account? Children can’t make many of these decisions on their own, so parents step in.
That can make things a bit more complicated after a divorce, however. Say that you believe your child needs medical care or should get a specific type of treatment. Your ex disagrees and says that the treatment isn’t necessary and that your child shouldn’t receive it. The two of you are no longer married, so who gets to decide if your child will receive that medical care or not?
Legal custody rights
It all depends on how the court divided the legal custody of your child during the divorce. This is much different than physical custody. A parent who has legal custody rights gets to make decisions for the child, whether or not the child is living with them – which is known as physical custody.
So, if your ex got sole legal custody during the divorce, then they can make whatever decision they would like. The same goes for you. If you have sole legal custody, it doesn’t matter if your ex agrees with you or not.
However, the court may have said that the two of you have to share legal custody, the same way that you may share physical custody. If so, then the two of you have to make a joint decision. If you really can’t agree or compromise, you have to get a court order.
This can be incredibly complicated and stressful, so it is very important to know exactly what legal steps you should take during this process.