Divorce and a child in need of services under the IDEA or Section 504 of the Rehabilitation Act is a bad combination. The stress and conflict are simply compounded. It is in the best interest of your children to hammer out an agreement in the divorce process assigning decision making authority for school issues. Joint legal custody is perfectly fine, but it means that you and your ex-spouse are going to have to communicate and coordinate. For example, if both parents have shared legal custody and they disagree about whether the child evaluated, the disagreeing spouse will have to initiate a hearing to challenge the other parent’s decision. That simply makes for a longer process, so it’s better for parents to resolve their conflicts before any special education issues arise.