Atlanta, GA asked in Divorce, Family Law and Child Custody for Georgia

Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow it can he do that considering he has say over certain decisions with her school and stuff without my permission?

1 Lawyer Answer
Zachary Taylor Beck
Zachary Taylor Beck
Answered
  • Divorce Lawyer
  • Rome, GA
  • Licensed in Georgia

A: I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a court order.

However, and this is my assumption based on the ambiguous facts above, if your ex-husband has sole legal custody, then he can unilaterally choose where the child goes to school, medical treatment, religion, etc. If those type of decisions are what you meant by "put away."

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