Visitation Rights
Can Interfering With Visitation Jeopardize Custody?
Can a parent in Georgia lose custody of their children if they interfere in the other parent’s visitation or parenting time, or unreasonably behave in allowing access to a child? The short answer is yes. In Medley v. Mosely, 780 SE.2d 31, the Georgia Court of Appeals, citing approval from the Georgia Supreme Court, upheld…
Read MoreCan Interfering with Visitation Jeopardize Custody?
Can a parent in Georgia lose custody of their children if they interfere in the other parent’s visitation or parenting time, or unreasonably behave in allowing access to a child? The short answer is yes. In Medley v. Mosely, 780 SE.2d 31, the Georgia Court of Appeals, citing approval from the Georgia Supreme Court, upheld…
Read MoreA Word from Scott Shaw: Can Visitation be Withheld if Child Support is Not Paid?
“Can I withhold visitation if child support is not paid?” I hear this question a lot. Along with it, there are two related questions: Can I withhold child support if visitation or parenting time withheld? Can I hold a child over in an emergency in violation of a custody order? The answer is found in…
Read MoreA Word from Scott Shaw: Can My Child Choose Not to Visit Their Other Parent?
We hear it all the time. A child says “I don’t want to visit; do I have to go?” They may be pouty, upset, or straight-forward about it. How do you, as the primary parent, respond? You may have personal feelings about your child choosing to visit with their other parent, but you still want to know…
Read MoreWhat Do I Do if My Ex Won’t Let Me See My Child?
All too often, a custodial parent refuses to let a child go with the other parent for visitation. This situation can arise for a variety of reasons. For instance, the custodial parent may believe that allowing the child to go for visitation is not in the child’s best interests. The custodial parent may be angry…
Read MoreIs Child Support Conditioned on Visitation Rights?
Unfortunately, many parents make several simple mistakes when it comes to the relationship between child support and visitation in Georgia. Many parents mistakenly believe that they don’t have to allow visitation with the other parent if he or she is not paying support as ordered. They also tend to believe that the opposite is true,…
Read MoreMy Ex-Husband and I Live Two Hours Apart. Whose Responsibility is It to Transport the Children for Visitation?
In today’s increasingly mobile society, it is not unusual for ex-spouses to end up living far apart from one another, whether the distance is a 30 minute drive or a cross-country flight. Difficulties may arise, however, when former couples have to develop a visitation schedule for their minor children, which necessarily must include specific transportation…
Read MoreDenial of Visitation: How Do I Get to See My Children?
When a Georgia court issues an order about parenting time or visitation, both parent are required to follow it. Since it is a court order, there can be serious repercussions if a parent doesn’t follow the plan or order. One such consequence is that the court may find you in contempt of court for failing…
Read MoreHow to Handle the Holidays When You are Newly Divorced with Children
Your first round of holidays with your children and without your former spouse can be difficult for all parties involved. Customary family traditions are no longer an option, and you may struggle to create new traditions that are acceptable for your family. Fortunately, there are some simple steps that you can follow in order to…
Read MoreGrandparent Visitation
Grandparents do not have an automatic right to visitation under Georgia law, but they do have the right to ask for visitation rights in certain situations. Under O.C.G.A. §19-7-3, a grandparent can file a petition with the court in order to specifically request visitation with their grandchildren, or join in an existing case for custody…
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