The way divorced parents make decisions on their child’s behalf depends on their child custody arrangement after the divorce.
Many parents first think about where the child is going to live and which parent they will spend time with. This is known as physical custody, and it is important, but it does not have anything to do with decision-making authority.
Instead, couples need to identify which parent has legal custody rights. That is the parent who should make decisions for the child regarding education, religion, healthcare and more.
What if both parents have legal custody?
This can be fairly simple when only one parent has sole legal custody rights. It is their responsibility to make these important decisions, and the other parent cannot infringe on their rights by doing so. This can lead to disputes, however, when one parent oversteps their authority.
If both parents are granted joint legal custody rights, however, then they typically still need to work together the way that they did when they were married. They both have a say in what school the child attends, for example, or what medical treatment is authorized.
In many cases, couples need to work together and find joint solutions. If they cannot do so, rather than one parent making the decision on their own, they may need to go to court. It is very important for parents not to violate the custody order by independently making choices they do not have the right to make.
It is critical to define legal and physical custody rights during a divorce, and parents also need to know what legal options they have when a dispute arises.
