Legal Question in Family Law in Georgia

Child Custody

My ex and I have joint custody of our 7 year old son and neither of us are deemed the primary. He has lived with me the majority of the time since our divorce - prior to this school year he was with her for 2 nights every week and then every other weekend. This school year it changed (I moved to the next county) and we agreed that he would spend the school week with me and the weekends with his mom (save for the 3rd weekend of the month when he is back with me).

Support was decided by 20% of my income and 20% of hers and I paid the difference. In lieu of monthly payments she accepted me taking on all the marital debt (about 80k).

She has decided that this no longer works for her and now wants to change the order of things - having him with her during the week. She is living with her boyfriend (since before our divorce was final) and has a baby with him (7 months old).

Wouldn't she have to prove me to be unfit in order to change the status quo? If she tried to change the arrangement could I then countersue in order to have me named the primary and then collect child support?

Thank you for any advice you can provide.


Asked on 3/10/09, 1:45 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Child Custody

Unless she files something, if you are fine with the status quo, you have no legal problem until and unless she goes to court. At that time you need a lawyer.

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Answered on 3/10/09, 2:00 pm


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