Do I have to have my ex-husband’s consent to make decisions about our daughter’s education?

My daughter’s father and I are divorced. We have split time sharing, but she spends the school year with me in a different state. Do I need to have his consent when making major decisions about her? I want to start homeschooling her and I don’t think he would agree. I don’t see anything of the likes in our divorce decree.

Asked on July 21, 2012 under Family Law, Florida


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

You stated that you and your daughter's father were previously divorced, and you are inquiring as to whether you need to have his consent to make major decisions pertainig to your daughter's education.  If you were divorced in Georgia, either you or your x-husband were granted sole legal custody or joint legal custody.  Legal custody determines which parent has decision making authority on issues including education, religious upbringing, extra curricular activities and health care.  If both parents were granted "joint legal custody", then both parents have input into these aforementioned areas pertaining to the minor child.  However, even if both parents were awarded "joint legal custody", one parent will have final decision making authority if the parties are unable to agree.  You should have an attorney review your divorce documents to ascertain the status as pertains to legal custody.

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