What Are Common Visitation Rights in GA?
When parents get a divorce or separate, they will need to face some key legal issues regarding the custody of their children. The custody arrangement must likewise address the visitation or parenting time agreement, which is the time that the children must spend with their non-custodial parent.
As with child custody issues, Georgia courts will also consider the children’s best interests when making child visitation determinations. Below is an overview of common visitation rights and laws in GA:
Parenting Plans
The visitation agreement establishes when the children must spend time with their non-custodial parent. Courts encourage parents to develop their own visitation schedules. The arrangement must be then detailed in a parenting plan, which is part of the divorce settlement or agreement for divorcing parents, or as a separate arrangement for parents who are not married. If the parents can’t agree on a parenting schedule, the court will step in and create a visitation agreement for them.
Types of Child Visitation Arrangements
With an unsupervised visit, the non-custodial parent will spend time with their children without another individual’s mandated presence. This is the most common type of visitation arrangement. With a supervised visit, on the other hand, the non-custodial parent will spend time with the children with the mandated presence of another individual, which could be a household member, relative, or someone from social services.
Courts usually mandate supervised visitation in cases where a non-custodial parent has a history of family violence or order the following alternatives:
- Daytime visitations
- Children exchanges in controlled settings
- Require the non-custodial parent to avoid drugs and/or alcohol before and during visitations and/or complete an intervention program for family violence
Determination or Acknowledgment of Paternity
If the children’s father is not married to their mother, establishing paternity is required before seeking custody or visitation rights. He must then go through legitimizing the children through a court action.
Third-Party Visitation Rights
Grandparents have the right to request visitation from the court. As for stepparents seeking visitation rights for the stepchildren, it is usually an uphill battle, particularly if the children’s biological parents are still alive and opposing the visitation request.
In all cases, however, the court can overrule some restrictions because it bases its decision to grant or revoke visitation rights for third parties based on the children’s best interests.
Talk to an Experienced Johns Creek Child Custody Attorney Today
If you are dealing with issues about your child visitation rights in Georgia or need more information about your rights, the Johns Creek child custody attorney of Banks, Stubbs & McFarland, LLP, can help. We can help you understand your rights and how the law might apply to your case. Send us a message online or call 770-887-1209 to schedule your appointment with our Johns Creek child custody attorney today.