Who Decides a Child’s IEP When Parents Share Custody?

By Anmol Rajdev February 12, 2026 Custody
Feb 12, 2026 | Anmol Rajdev

When parents separate or divorce, decisions about a child’s education often become more complex. This is especially true when a child receives special education services through an individualized education program, commonly called an IEP. Parents who share custody frequently ask attorneys, who decides a child’s IEP when parents share custody, and what happens if they do not agree.

In Georgia, educational decision-making authority depends on the custody arrangement set out in your parenting plan or court order. Understanding how legal custody works can help you protect your child’s educational needs while avoiding unnecessary conflict during co-parenting.

Legal Custody Determines Who Makes IEP Decisions

In Georgia, legal custody controls who has the authority to make major decisions about a child’s upbringing, including education and special education services. When parents share legal custody, both parents generally have equal rights to participate in decisions about the IEP.

Even if one parent has primary physical custody, that parent does not automatically control IEP decisions. When parents jointly share decision-making authority, schools typically expect both parents to be involved. In situations where parents who share custody disagree on an educational plan for their child, the decision cannot usually proceed without resolving that disagreement.

When Parents Disagree About an IEP

Disputes often arise when parents interpret their child’s needs differently or have concerns about accommodations, classroom placement, or services. When parents share custody and cannot agree on an IEP, schools may pause changes until consent issues are resolved. This can delay services that the child needs.

Parents in this situation may need to use mediation, educational advocates, or legal guidance to reach a workable solution. If the conflict continues, a Georgia family court can intervene.

Situations Where One Parent Controls IEP Decisions

Some parenting plans include a provision granting one parent final decision-making authority if disagreements arise. This does not eliminate the other parent’s right to participate, but it allows decisions to move forward when cooperation breaks down. Courts may approve this structure when parents repeatedly clash over school or special education issues.

If one parent has sole legal custody, that parent typically decides educational matters, including whether to approve or change an IEP. However, Georgia courts only limit shared decision-making when it serves the child’s best interests and promotes consistency in care and education

Speak With An Attorney To Discuss Who Decides A Child’s IEP

If you are facing disagreements over who decides a child’s IEP when parents share custody, our team can help. Call Atlanta Divorce Law Group to provide practical guidance rooted in Georgia law to support both you and your child during this process.

 


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