Child Visitation - Common Issues

In Georgia, when parents divorce, in most cases onecertain place and time.
of the parents is given custody and the other parentDenying visitation
is given visitation rights. The visitation schedule canFor a Georgia Superior Court to deny visitation to a
vary according to each parents needs. A standardparent, it must be determined that the child would be
Georgia visitation agreement allows the non-custodialharmed in some way by continuing to have a
parent to see the children every other weekend withrelationship with the parent. This could be because of
holiday's split between the two parents.abuse allegations or because of criminal or immoral
For example, one parent will have the children onactivity. In most cases, the court will not deny
Thanksgiving one year and the other one will havevisitation permanently but will order the non-custodial
the child the next year. Judges always determine theparent to meet certain obligations. Often a parent will
custody and visitation agreements. The standarddeny the other parent visitation rights. This is a
measuring tool is "what's in the best interest of theviolation of a court order and the other parent can
child." In recent years, judges have been just asbe charged with contempt. First, the parent who was
agreeable to awarding custody to the fathers anddenied visitation must file for modification of visitation.
visitation rights to the mothers.Unfortunately, this can take several weeks to move
In Georgia, grandparents have been awardedthrough the court system before the parent has his
visitation rights as have step-parents who had a closeor her visitation rights destroyed.
bond with the child at the time they were married toParental kidnapping
the child's parent. Again, as long as the judge findsIn some cases, the non-custodial parent will refuse to
the visitation is in the best interest of the child,return the children because they fear for the child. In
visitation is often awarded in these circumstances.this case, the non-custodial parent must file a petition
Supervised visitationwithin 96 hours to prove his or her case or else be
A judge may grant supervised visitation in certaincharged with kidnapping. If the child has not been
circumstances that include:o Allegations of domesticreturned by the non custodial parent, a police report
abuse against the parent.o Allegations of mentalmust be filed immediately. The Federal Bureau of
cruelty against the child.o Fear that the other parentInvestigation usually assists in parental abductions
would attempt to violate the custody order bysince many of the involve taking children across state
kidnapping the child.o In some cases where there is alines. Finally, anyone who has been granted visitation
great deal of conflict between the parties. Themust abide by the court order. If not, he or she will
supervisors may be a social worker but in manyface contempt charges. While jail sentences only
cases a family friend or relative observes thehappen in rare cases, a judge could order jail time for
visitation. Usually the visitation is restricted to aa parent that violates the order.