Child Visitation Laws in Georgia: Savannah Family Lawyer

Child visitation laws determine the routine which non custodial parent has to follow in order to spend time with his child, after divorce or annulment. The laws governing child visitation rights and child custody are interlinked, the reason being that both are judged based on similar principles applicable to both parents.

Laws of child visitation recognize two types of child custody:

• Legal custody
• Physical custody

Legal custody gives one of the parents the rights to make major decisions concerning the child such as those affecting child’s health, education, welfare etc. Physical custody determines the amount of time spend by the child with either parent. The laws governing child custody allow physical and legal custody to be shared by both parents and this is known as joint custody.

Thus joint custody of children in a marriage is a parenting option that can be considered by divorcing parents. The state of Georgia recognizes and rules with the best interest of child in child custody and visitation rights, regardless of circumstance. Thus the benefit of the child is held supreme and parenting option that would best serve the interest and welfare of child is selected. Hence, many a times sole custody is granted to one of the parent with no visitation rights for other parent, in keeping with best interest of child.

In cases where joint custody is granted to divorcing parents, child visitation rights gives them the right to negotiate terms and conditions so that arrangements are conven ient for both of them as well as concerned child. These negotiations can be initiated through court order or mediator. Thus in joint custody, one parent is the custodial parent and the other non custodial parent enjoys visitation rights.

Mediator initiated negotiations involve a third party who mediates discussions between the concerned parents to reach mutually acceptable parenting plan without having to resort to court orders. In cases where mediation fails and parents are unable to reach an agreement, court can intervene and pass judgment.

It is very common to find that divorcing couples do not come to agreements regarding visitation routines. Under such circumstances, family court is forced to step in and take decisions with best interest of child in consideration. Normally, court allows non custodial parent to visit his child every other weekend, holidays and important days like birthdays etc.

This ruling by court is binding unless and until a modification is sought for. Child visitation laws allow modifications for reasons like relocation, violation of court order, job change, etc. The person requesting child visitation modifications has to petition court for approval. The laws governing child visitation protects the rights of the child and allows child to develop bonds with parents, grandparents and other loved ones as they grow up.