Do I need to seek full custody to be entitled to child support?

I am divorced and have had joint custody of son with ex-husband. Our child lives with me ful time and father lives 60 miles away. I would like to seek full custody regardless, because my son’s father insist that he visit every weekend. Even when the child does not want to.

Asked on September 20, 2012 under Family Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Custody, child support, and visitation are all separate issues and are determined separately.  There are two types of custody which are physical custody and legal custody.  Physical custody means the parent with whom the child lives.  Legal custody means making decisions about the child's healthcare, education, etc.

Since the child lives with you all the time, you already have sole physical custody.  It sounds like you and your ex have joint legal custody.  Again, custody is a separate issue from child support.  You can request child support. 

Child support and custody are separate from visitation.  The father has a right to visitation whether or not you are receiving child support.


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