Legal Question in Family Law in Georgia
School visitation used when child is in daycare
My brother has joint custody of his three year old daughter. Her mother enrolled her in a three day a week class at a church school. Now she wants my brother to abide by the school visitation which is Friday @ 5:00 until Sunday @ 7:00. He thinks he is still entitled to the visitation set now which is Friday @ 11:00 until Monday @ 2:00. The child is not in school on Mondays or Fridays. Which visitation is correct. The church school is not public and she doesn't go 5 days a week.
4 Answers from Attorneys
Re: School visitation used when child is in daycare
Each party is entitled to rely upon the visitation specified in the divorce decree. While exes often voluntarily vary from that visitation in order to acccomodate each other, neither party can dictate a change. Your brother should consult with a local attorney.
Re: School visitation used when child is in daycare
The schedule that is written in the divorce paperwork remains the schedule, unless there is a new court order.
Re: School visitation used when child is in daycare
The terms of the divorce/custody decree will control, i.e. whatever the decree says goes, unless both parents agree otherwise. If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
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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Re: School visitation used when child is in daycare
The mother is required to follow the court order. The schedule will work as long as the child is not of school age. Once a modification is needed, there is no reason the father has to give up the Friday to Monday scenario - just the times would change.
In addition, if the parents share joint legal custody, the mother should have discussed the school and schedule with the father prior to enrolling their daughter, especially when the school is elective and negatively affects the father's time. If she had discussed it prior, the parents may have been able to work out a different schedule which would allow the father the same amount of time, while allowing the child to attend the program.
Tahira Piraino, Esq. 404/248-0203; Northlake Commons,3774 LaVista Road, Suite 101, Tucker, GA 30084; [email protected]
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain nformation that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy of disseminate this message, or any part of it. If you have received this message in error, please notify the sendser immediately by e-mail and delete all copies of the message.
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