Child Visitation Rights in Georgia

Child visitation rights are granted to non custodial parent by which parent can visit child legally. Visitation rights come to fore where joint custody of child is awarded to parents by court. During the course of divorce, it is common for the presiding judge to allow temporary or short term child visitation rights to one parent while giving physical custody to the other. Permanent or long term visitation rights are awarded only when the divorce is finalized and even then the judge has to be convinced that continuous contact with both parents would be beneficial to child.

In reality, child visitation rights are a privilege and one cannot demand it. It is completely based on discretion of judge who should feel that contact with non custodial parent would be in best interest of child. It is not uncommon for Georgia family court to hand over sole custody to one parent without any visitation rights to other. Even in cases such as these where visitation rights have been denied, non custodial parent is still obliged to pay child support. This indicates the intricacies involved and exemplifies the difference between visitation rights and child support responsibilities as perceived by Georgia family court.

On the other hand, if a parent who receives child visitation rights and has to pay child support responsibilities, does not stand to lose his visitation rights if he defaults on his child support payments. They are not linked in any way though they concern the same child. The parent would be penalized for not making his child support payments but not with restrains to child visitation rights. The repercussions for default of court ordered child support payments come in many other ways.

The laws regulating child visitation rights, in reality give the divorcing parents an opportunity to come to terms with a parenting routine and plan that can be followed with commitment. This agreement can be reached through negotiations with both parties sometimes involving a mediator. This third party or mediator would be unbiased and hence able to discuss issues of both sides and reach an agreement that would satisfy both parents and thus save them from going to trail.

Sometimes mediation fails and court is forced to intercede and under such circumstances child visitation rights are determined by family court. The court develops a visitation schedule which is binding to both parents. Very often, the schedule allows non custodial parent to spend time with child on weekends, holidays and special occasions. Mostly, it is observed that cases that involve conflicting families and domestic violence are the ones that require child visitation routines drawn by Georgia family court. Modification to visitation routines is allowed but needs to be approved by court.