Child Visitation
Child Visitation is the part of the court order that defines the conditions for the non-custodial parent to have contact with the child. Visitation is limited by legal custody being vested in the other parent. This means that your visitation does not give you the authority to conflict with the long range decisions and policies of the parent with legal custody. For example, if the parent with legal custody has decided to raise the child in the Jewish tradition, the parent with visitation rights may not take the child to be baptized in a Catholic church.
Supervised Visitation is when the parent is only allowed to visit with the child in the company of another person. This person is usually a friend or relative that the two parents agree will be allowed to act as a chaperon. Supervised visitation often calls for a restriction of visitation to a particular location and time.
Who can be awarded visitation?
Obviously a biological parent can be awarded visitation. Additionally, grandparents (even when the parents weren't married or are not currently divorced) and step-parents may be awarded visitation rights in Georgia. While there are no reported cases of brothers or sisters being given visitation, a strong argument could be made that it would be in the best interest of the child.
When can visitation be denied?
The court has the power to deny visitation. Normally the court will only stop visitation for a certain time or until a certain task is performed. For example, the court has previously stayed visitation until the parent met their financial obligation. If your spouse should deny you court ordered visitation, you first file for a modification of visitation for a more definite schedule, before filing a contempt action.
Many parents feel they have the right to stop paying child support, but they are mistaken. Withholding of child support will only get you in trouble and possibly incarcerated. Timely payment of child support will improve your chances of winning better, and not losing, child visitation privileges.
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We are dedicated to providing families throughout Cobb, Cherokee, Dekalb, Fulton and Paulding counties in Georgia with the superior representation they need. This includes the cities of Acworth, Atlanta, Austell, Canton, Dallas, Decatur, Dunwoody, Hiram, Kennesaw, Marietta, Powder Springs, Roswell, Sandy Springs, Smyrna, Vinings, Woodstock and surrounding communities.