Visitation and Georgia Law

When parents divorce, in most cases one of the- Allegations of mental cruelty against the child.
parents is given custody and the other parent is- Fear that the other parent would attempt to
given visitation rights. The visitation schedule canviolate the custody order by kidnapping the child.
vary according to each parents needs. A standard- In some cases where there is a great deal of
visitation agreement allows the non-custodialconflict between the parties.
parent to see the children every other weekendThe supervisors may be a social worker but in
with holiday’s split between the two parents.many cases a family friend or relative observes
For example, one parent will have the children onthe visitation. Usually the visitation is restricted to
Thanksgiving one year and the other one willa certain place and time.
have the child the next year. Judges alwaysDenying visitation
determine the custody and visitation agreements.For a court to deny visitation to a parent, it must
The standard measuring tool is “what’s inbe determined that the child would be harmed in
the best interest of the child.” In recentsome way by continuing to have a relationship
years, judges have been just as agreeable towith the parent. This could be because of abuse
awarding custody to the fathers and visitationallegations or because of criminal or immoral
rights to the mothers.activity. In most cases, the court will not deny
In Georgia, grandparents have been awardedvisitation permanently but will order the
visitation rights as have step-parents who had anon-custodial parent to meet certain obligations.
close bond with the child at the time they wereOften a parent will deny the other parent
married to the child’s parent.  Again, as longvisitation rights. This is a violation of a court order
as the judge finds the visitation is in the bestand the other parent can be charged with
interest of the child, visitation is often awarded incontempt. First, the parent who was denied
these circumstances.visitation must file for modification of visitation.
Supervised visitationUnfortunately, this can take several weeks to
A judge may grant supervised visitation in certainmove through the court system before the
circumstances that include:parent has his or her visitation rights destroyed.
- Allegations of domestic abuse against the parent.