Legal Question in Family Law in Georgia
child support
i am a recently divorced father of a 10 yr old daughter who has type 1 diabetes, i received full custody of the child , the mother has restricted custody rights and by doing so was not made to pay any child support or medical expenses,at this time the mother does not work and stated that she will not work, i do not wish to pursue any child support etc. if this will change her custody rights . i need a legal opinion since this was just granted last month on what i should do.
2 Answers from Attorneys
Re: child support
I don't really understand your question. Whatever custody rights you and she have are stated in your court order. Support is a completely separate issue and whatever your order says is what governs that. The best person to ask to explain your order, if you don't understand it, is the lawyer you used in the case (and with a child involved everyone should use a lawyer).
Re: child support
Support should have been, and probably was, set by the divorce decree as stated in Mr. Ashman's response. I think your question is whether seeking some support would change the custody situation. If so, my answer would be that the judge will make the decision based on the child's best interest, but if the mother does not seek custody, it will no be modified. Of course, it is her right to seek modification of the custody if her circumstances change. So, in short, you can ask for some support and it will not necessarily change the custody decision unless the mother decides to seek modification.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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