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#262867 - 07/31/07 11:56 AM joint custody
barrymclark Offline
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Registered: 07/31/07
Posts: 5
I have seen that GA allows joint custody; however, I have heard that a primary custodian must be appointed and that 'true' joint custody will not/cannot be awarded. Is this true? Also, what does the primary custodianship in a joint custody settlement entail?

Thank you,
Barry

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#262868 - 07/31/07 08:32 PM Re: joint custody [Re: barrymclark]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
[quote]I have seen that GA allows joint custody; however, I have heard that a primary custodian must be appointed and that 'true' joint custody will not/cannot be awarded.

>>>>>>>>>>> True , but it can be agreed to by the parties .


Is this true? Also, what does the primary custodianship in a joint custody settlement entail?

>>>>>>>>>>>>>>>> Who the child lives with the majority of the time and the right to child support .
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#262869 - 08/01/07 12:05 PM Re: joint custody [Re: googledad]
barrymclark Offline
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Registered: 07/31/07
Posts: 5
The time is equally shared and I bear the burden of the majority of their expenses.

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#262870 - 08/01/07 12:06 PM Re: joint custody [Re: barrymclark]
barrymclark Offline
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Registered: 07/31/07
Posts: 5
The time is equally shared and I bear the burden of the majority of their expenses.


We are both wanting 'true' joint custody. No child/spousal support and want equal decision making for the children. Will a court agree to this if we want it? I have heard that courts are VERY flexible in GA to the parents' wishes. I just don't know how flexible.

I guess I just don't know what I can't and can do. What is confusing is that the GA State Bar says that GA is a joint custody state but.... with primary custody in a joint custody.... that just doesn't make sense to me. If we both have joint physical and legal custody of the childen with equal time shared... then how is primary determined?


Edited by barrymclark (08/01/07 01:09 PM)

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#262871 - 08/01/07 01:11 PM Re: joint custody [Re: googledad]
barrymclark Offline
recently joined

Registered: 07/31/07
Posts: 5
[quote][quote]I have seen that GA allows joint custody; however, I have heard that a primary custodian must be appointed and that 'true' joint custody will not/cannot be awarded.[/quote]

>>>>>>>>>>> True , but it can be agreed to by the parties .[/quote]So... we can request it and it will fly but a court won't just award it without the request of both parties. Yes?

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#262872 - 08/01/07 06:27 PM Re: joint custody [Re: barrymclark]
JustMeAndThree Offline
old hand

Registered: 04/26/07
Posts: 993
It sounds to me like you should do some case law research in your county....go to the county courthouse and view the final decrees of other divorces in your county. Regardless of state laws it boils down to the whims or particular judges and how that particular county works...whether its a big county with a big city or a small county. I'm sure if you and your STBX walk into court and say "Your Honor we agree that we will split parenting time 50/50 and agree that neither will pay child support" chances are good that if the judge reviews things and feels that's the best interests of the child that it will be granted. Especially if you show that you and the stbx can get along and make collaborative decisions regarding the child. However you also need to decide who will claim the child for tax purposes? Perhaps alternating years? As for primary custodial parent...to me it sounds more like jsut a title. A child has to have something consider a "permanent" residence. A place where mail can be sent etc. If you and the stbx talk it out you may can agree who will get this "title" just for the courts sake.
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#262873 - 02/27/08 09:42 PM Re: joint custody [Re: JustMeAndThree]
Treasure1080 Offline
recently joined

Registered: 02/27/08
Posts: 2
I share 50/50 with the father of my son who is 3 years old. In the final custody agreement it states the following : "
"For so long as either party continues to reside in Cobb County, the minor child shall attend school ( Pre-K through graduation from high school) in Cobb County. Should both parties reside in Cobb County, WIFE shall have the choice of schools in Cobb County, considering location and ranking. "
I do have an appointment in a few weeks to clarify this statement and make sure, but since it is a little ambiguous,I wondered if anyone had any info on the meaning of " considering location and ranking". Doesn't that mean that the wife (mother) considers these things? I don't see any mention of the father in the decision power. He is argueing that we HAVE to send our son to the better ranked school. I see that as him just trying to make the docuemnt say something he wants it to say, when in actuality, it states I have the sole decision in this matter! This is the only mention of the educational decision in the agreement.
He threatens that he will just go back to court and get it all changed. Well, good luck w/ that ! Any comments??

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#262874 - 02/27/08 09:42 PM Re: joint custody [Re: Treasure1080]
Treasure1080 Offline
recently joined

Registered: 02/27/08
Posts: 2
oh and by the way, we both live in Cobb County ! So that part is non relevant.

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