You and your ex are co-parenting after a divorce. Your custody schedule is fairly simple and straightforward, so it hasn’t been a problem to exchange physical custody. Maybe your child simply lives with you for one week and then lives with your ex the following week.
But there comes a time when you need to make an important decision for your child. Maybe they need a certain type of healthcare or medical treatment. You think it would be beneficial and you want to move forward with it as soon as possible. But your ex says that they think it’s unnecessary or that they think it’s harmful, so they don’t want your child to get that treatment. Who gets to make the decision?
The division of legal custody rights
When looking at where your child lives, you’re just splitting up physical custody rights. This is why you get to spend every other week living with the child and caring for them.
But you also have to consider legal custody rights. These will define who can make a key decision, such as a medical or healthcare decision.
In some cases, parents have sole legal custody. Either you or your ex can make the decision on your own if this is the case. But in other situations, parents share legal custody. This means that neither one of you can make the decision yourself—you have to work together and compromise as you try to find a solution.
Naturally, this can lead to disputes over major decisions, such as healthcare, education or religion. If you find yourself involved in such a dispute, be sure you know what legal steps to take.
