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Attorney & Mediator
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Category: Family Law
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My divorce is recorded in Georgia.I have physical custody ...

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My divorce is recorded in Georgia.I have physical custody of my 13 yr old son, but share joint legal custody with his father. My son wishes to live with his father now. School is starting. We have done NO paperwork. His father says that lawyers have told him that he can register him for school, we fill out paperwork later with an attorney who takes it before a judge to "sign off". My ex says he is also not interested in child support from me. Is all of this allowed or "doing things appropriately"? I don''t won''t to go against the original decree without being sure first.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Although you have physical custody, the fact that both of you share legal custody, that means dad can also enroll the child at school. From there, his lawyer would prepare a modification agreement of the parenting order, showing that he will now have primary custody. There is no problem to getting this done after the child is enrolled, if you agree to it. Technically, the orders would have to be following until the court order is modified, but if both of you are in agreement to this arrangement, there should be no problems, so long as his lawyer gets this done soon. Please note, that although dad is saying he is not going to ask for child support, that does not mean he can legally waive this right. If dad where to change his mind later on, the fact that he will have primary custody would allow him to collect child support from you. So you need to decide whether this is something you want to risk.

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