Children

Do We Have To Follow Our Parenting Plan If We Agree Not To?

Parenting Plans are an order of the court, and as such, many parents feel like they must be followed to the letter, or they risk some form of legal consequence. While following court orders to the letter is a good instinct, it’s important that you read the entire order before determining what it requires of you.

Does my ex have to exercise the visitation provided in the parenting plan?

Typically, a parenting plan will outline visitation beginning with a phrase along the lines of "During the term of this Parenting Plan the non-custodial parent shall have at a minimum the following rights of parenting time." If so, the non-custodial parent is not required to exercise his or her visitation time, but is allowed to do so.

Does each parent have to pay for half of extracurricular activities?

Extracurricular activities can be fairly minimal, or can be thousands of dollars per year, per child - especially if the word "travel" is involved. Because the costs are usually on the low end for younger children, parents often don't consider the costs at the time of separation, but only when they've reached their full, teenage levels. 

But his/my name is on the birth certificate...

One issue that comes up frequently regarding custody issues from unwed parents - whether a father asking what his rights are, or a mother asking about her responsibilities to the father - is that, though the father hasn't legitimated the child, "his name is on the birth certificate." People often - mistakenly - believe that this means the father is the father for all purposes in the eyes of the law. 

I understand this confusion - you've got one of the most official documents in a person's life, issued by the state, naming the father of the child. It seems like this would be the state's recognition that the father is in fact the father. But it's not. 

How much child support will I pay or receive?

In Georgia, there's no simple answer to this - it's not a set amount per child, or a percentage of the payor's income. Instead, a base child support amount is calculated by a very complex formula and then altered as needed based on other circumstances. To calculate that base amount:

  • We look at how much both of the parents make, combined.