Say that you and your spouse get divorced when your child is just two years old. You decided to split up custody, and you have a court order. Every other week, the child switches between homes, first living with you and then with your ex.
This goes smoothly, but your child quickly approaches the age where they need to enroll in school. You find a nearby school that you like and propose it to your ex. But they would rather send your child to a different school that is closer to their house.
If the two of you were still married, you would have to work together to find a solution. Who gets to decide where your child goes to school now that you are divorced?
Addressing legal custody
Ideally, your custody order will already tell you. It’s not just physical custody that matters, which only defines where your child lives. But the court should also have addressed legal custody.
If one parent has sole legal custody, then they have all of the decision-making power. They can choose the school, the religion, the healthcare provider and many other things on the child’s behalf.
If legal custody is shared between the two of you, the same way that physical custody is, then you still have to work together to choose the school. Neither one of you can exclusively do it on your own. You have to compromise and find a solution that you both agree on.
This can certainly lead to conflict, so be sure you understand all of your legal rights and options at this time.