Carrollton, GA asked in Child Custody, Child Support and Family Law for Georgia

Q: Is the custodial parent required to provided necessities for the child while in the care of the non custodial parent?

Is the custodial parent required to provided necessities for the child while in the care of the non custodial parent?

We have a court order from 5 years ago, but no where in the clause is there a specification for the non custodial parents responsibility nor mine to provide for the child while she's in his care. The non custodial parent hasn't wanted any overnight visitation since the beginning of February and now that we are preparing to go back to court he wants to begin practicing his visitation rights again. I sent him a written notice that stated I would no longer be providing the child's necessities while she is in his care. He feels that he is entitled to not do anything at all because he pays CS; regardless if its clothes, medical expenses or anything else.

2 Lawyer Answers
Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Your question is a little confusing and without being able to review the facts of the case in detail it is difficult to provide a thorough response. What the person is required to provide should be stated in your paperwork. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: Your paperwork isn't going to spell out every detail. You should send your child with some clothes. If you have a current case, you can address this with the court if the clothes are not coming back. You aren't required to send food, if that is what you are asking. Sending that letter was a bad idea, as it demonstrates your refusal to work through a common sense issue like this. Make your child the priority and you'll eliminate some of these issues.

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