Legal Question in Family Law in Georgia
Joint Custody
My husband has joint custody with the ex-wife having physical custody. She has recently put the 2 year old in a child care facility we do not agree to and when my husband voiced his concern. She told him not to question what she did with the children and denied his effort to have me placed on the pick up list for the children. My husband is a fireman and works 24-hour shift. In the past, I have picked the children up from their home and now have need to pick them up from the daycare when he's working but can't due to the ex-wife�s explicit instruction to the day care not to release the children to me. Despite my husband showing the center the joint custody agreement, they refuse to allow me to pick the children up given his request. Needless to say, he I very upset. Is this a violation that he can file Contempt of Court under or is she within her rights? What are our options given this situation?
2 Answers from Attorneys
Re: Joint Custody
It depends on what the final decree states. If the ex-wife has sole physical custody and the parties share joint legal custody, she makes the final decision when there is a dispute between the parties.
Re: Joint Custody
I agree with the previous poster that the language of the final decree will control. However, you should consult with a local family law attorney because "the devil is in the details". Also, this particular situation may not have been addressed, in which case your husband might want to consider filing for modification.
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