Legal Question in Family Law in Georgia

I am divorced with joint legal and physical custody of my 2 children. However, I am listed as Primary Custodian and have final say in decisions regarding medical care, religious upbringing, extracurricular activities, and education. The divorce papers also state that I am responsible for all childcare and daycare expenses. My ex-husband and I are in dispute over this. We live 5 miles apart, but in different counties, so the school bus does not go to his home. I have offered that the children can ride the bus to my home after school every day and on days they are with their father he can pick them up on his way home from work. He insists that the kids not be with me at all when they are "on his time" and expects me to pay for him to use daycare. I feel like I am meeting my obligation by offering to provide him with childcare, even if it is in my home. If he wants to refuse my offer then he can pay for whatever he chooses. Who is right?


Asked on 7/16/11, 10:10 am

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

No one here has read your papers, so no one here can answer you. The exact wording of the language in the papers should answer this. Joint PHYSICAL custody is very problematic and only works when (1) both parties cooperate and (2) the paperwork contains very precise language as to issues like school and transportation.

Presumably you did not do something foolish like writing this up pro se. Assuming you had an attorney representing you, your attorney should have included language that answers your question and if you call him he can likely point it out for you.

If you made the enormous mistake of doing a divorce pro se and did not resolve this in the paperwork, the two of you will need lawyers now in an expensive effort to have a court referee your dispute if you failed to anticipate this in your paperwork and cannot come to an understanding.

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Answered on 7/16/11, 10:39 am


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