If my children are living in my home but our court papers say that we have joint custody with the father the legal parent, what rights do I have?

Asked on September 3, 2012 under Family Law, Georgia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Joint custody usually means that both parents have almost identical rights.  Those rights are spelled out in your divorce decree or custody orders.  They usually include things like the right to make medical decisions, the right to receive information about education, the right make decisions regarding the religious upbringing of the child.  Some decrees are more tailored and will award certain rights to one parent or another.  So whatever is in your decree will control.

The main difference between the two parents when the courts award joint custody is who has the right to decide the primary residence of the child.  Whoever has this right, usually receives child support from the other non-possessory parent.

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