Legal Question in Family Law in Georgia
Provisions of Divorce Decree
My husband has joint-custody with his EX, with him as the ''primary/residential custodial parent''.
She suddenly wants to go ''by the letter of the decree'' and is giving my husband a hard time with her actions.
She has been living with her Boyfriend for the past year.
Since she is determined to go line-item by line-item, I was curious if he could enforce not allowing the boys to spend the night with her while she is with him due to the following language in the divorce decree:
''The parties agree that at all times they will provide a moral environment for the parties' minor children and that it is in the best interest and welfare of said minor children that neither party will engage in a meretricious relationship during the time that each party has physical custody of minor children.''
She was not court-ordered to pay any child support, doesn't pay the $500/year per child in medical per the decree and was found to be physically abusing the children by DFCS last year.
I feel court is in our future and I am afraid for the well being of my family. I fear she will prevail because she is ''the mother'' and my husband has always let things go ''for the sake of the children''.
Any advice would be greatly appreciated.
1 Answer from Attorneys
Re: Provisions of Divorce Decree
You may always enforce the terms of a custody decree by requesting the court to hold the other party in contempt. And vice versa.
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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