You and your spouse got divorced when your child was just a toddler. You both share physical custody, which you have now been doing for years. Generally, the child just lives with you every other week.
Now your child is now approaching the age where they need to be enrolled in school. You and your spouse didn’t address this during the divorce because the child was too young for it to be relevant. Now that they are older, who gets to decide where they will go to school? If you and your former spouse do not live near each other, how do you determine what school to choose or if it will be closer to your or your ex’s house?
Do you also have legal custody rights?
The key is to look at your custody rights. Even if you share physical custody, do you also have legal custody rights, which define who can make important decisions for the child?
In many cases, courts will order that parents share legal custody. This means that you and your ex both would have legal custody rights, so you have to work together to choose a school and find a solution that is acceptable to both of you.
In other words, your ex cannot simply enroll the child in a school that they have chosen without consulting with you first. You also get to have a say in this decision. The only way that one of you could make the decision independently is if the court ruled that only one of you has legal custody rights (or at least legal custody when it comes to decisions about education), even though physical custody rights are shared.
Every case is unique, so it is very important to understand what the custody agreement says and how it defines the legal arrangement after your divorce. Having experienced legal guidance can help you determine and assert your custody rights.