In the fall, many children start a new school. Some are being enrolled in school for the first time in their lives. Others are moving up to middle school or high school. Still others may simply be transferring between public or private schools in their area.
These are major decisions that co-parents have to make even after a divorce. If they have very different opinions about where the child should go to school, who gets to make the decision?
The role of legal custody rights
The most important thing to remember when facing these types of questions is that child custody rights can generally be divided into both physical and legal custody. While physical custody tells the parents when they will take care of the child and live with them, legal custody rights define how they make important decisions about education, religion, finances, medical care and things of this nature.
In some situations, the custody order may state that only one of the co-parents has the legal custody rights to make this decision. They can simply choose the school and enroll the child as they see fit.
In many scenarios, however, parents are told that they have to share legal custody rights. Ideally, these parents can then work together to jointly select a school for their child. If there are disagreements, however, they do have to come to a solution. Neither parent has the right to independently choose the school without the approval of the other.
This can lead to some conflicts and disagreements for co-parents after a divorce in California. Those who find themselves in this position must know about all of their rights and legal options.