In Georgia, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation on its own. When reviewing a request for visitation, the court will base their decision on whether granting a parent visitation would be in the "best interests of the child."
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In Georgia, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation on its own. When reviewing a request for visitation, the court will base their decision on whether granting a parent visitation would be in the "best interests of the child."
If you are involved in an uncontested divorce, you may be able to manage the case to completion without the services of a divorce lawyer, saving yourself hundreds or thousands of dollars in legal fees. Many Georgia residents have been able to complete their divorce with the assistance of the tools at 3StepDivorce.com.
A court may award visitation to a grandparent if it is in the "best interests of the child." In the case of grandparent visitation the court would examine the normal best interests factors and whether the child and the grandparents have an already established relationship. Georgia Child Visitation For Grandparents, Relatives, and Third Parties
In general, courts in Georgia assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.
In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative. In general, courts in Georgia assume that it is beneficial for both biological parents ...
(2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child.
The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. (e) If the court finds that the family member can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning family member, may: ...
A court may presume that a child who is denied any contact with his or her family member or who is not provided some minimal opportunity for contact with his or her family member when there is a preexisting relationship between the child and such family member may suffer emotional injury that is harmful to such child's health.
A court may award visitation to a grandparent if it is in the "best interests of the child.". In the case of grandparent visitation the court would examine the normal best interests factors and whether the child and the grandparents have an already established relationship.
Visitation by grandparents, family members, or other third-parties is less clear cut in Georgia, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged. Above all else, courts in Georgia strive to make custody and visitation decisions ...
In general, courts in Georgia assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.
Some couples will seek the assistance of a child visitation lawyer to help them determine a proper schedule. These legal professionals can help one or both parents establish a visitation schedule that is fair and honors the rights of both the custodial and non-custodial parent.
Some visitations with the non-custodial parent include weekends, every other weekend, certain holidays and/or special events, and activities. The court will encourage the parents to work together and be flexible with these schedules in order to provide the children with equal time.
A fixed visitation plan means that the parents must follow a specific schedule of what parent has the children at what time without any flexibility.
Regardless of the agreement that is awarded, the ultimate goal is to allow each parent to spend one on one time with the children. When joint custody is awarded, the court will often task the parents on deciding the schedule, encouraging them to take into account their personal work schedules, distance between residents, ...
Depending on the circumstances surround the divorce, there are a number of different types of child custody the parents or parents can fight for or that will be awarded by the judge: Legal Custody: The ability of the parent to make decisions about the children’s lives including schooling, medical, religion, and general upbringing.
Regardless of the agreement that is awarded, the ultimate goal is to allow each parent to spend one on one time with the children. Going through a divorce is a difficult process and this is only made more emotional and more stressful when children are involved. When a couple decides to end their marriage and they have children, ...
Family law judges will always do their best to have both parents included in the children’s lives and will strive for the parents to have shared custody. Although this is the goal, it is not always feasible for this type of arrangement to work. Instead, the judge will sometimes award one parent primary physical custody of the children and grant the other parent visitation rights. The parent who has the children the majority of the time is known as the “custodial parent” and the other the “non-custodial parent.”
Since marriage is a contract between you and your spouse, if you decide to terminate this contract, you must provide acceptable reasons for the state of Georgia. These reasons are referred to as the grounds for divorce. There are laws in every state that define and govern the acceptable grounds for divorce.
To significantly reduce the hassle and stress associated with a divorce without an attorney, you can go for an internet divorce. To commence the divorce process, you have to speak to your spouse and find out how he/she feels about it.
Wilful desertion for at least one year. Under Georgia divorce law, you can file for divorce under more than one ground. Look carefully at every ground and make sure you have substantial proof before filing.
This is important because a couple that can communicate to negotiate the terms of their divorce can have an uncontested divorce. An uncontested divorce requires significantly less time, work, and money than contested cases. Specific issues come up in a divorce case that must be understood for you to file for a divorce without a lawyer successfully.
A no-fault divorce is preferable for more simplified forms of divorce, such as uncontested cases because no one is being blamed for the breakdown of the marriage, and so nothing has to be proven in court. For a no-fault divorce, it is enough to say that the marriage is “irretrievably broken” – in other words, nothing can be done to save it.
For example, using desertion for your grounds for divorce, you must wait for a year after the desertion before you can bring a valid claim for divorce on that ground.
If you don’t want this, make sure you or your spouse have resided in Georgia for the required six months.
Reasonable visitation allows the parents to exercise flexibility by taking into consideration both the parents' and the children's schedules. Practically speaking, however, the parent with physical custody has more control over the dates, times and duration of visits.
When a noncustodial parent has a history of violent or destructive behavior, especially toward the child, the court often requires that visitation between that parent and the child be supervised. This means that an adult (other than the custodial parent) must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. No matter how the adult is chosen, he must be approved by the court ordering the supervised visitation.
You should file the Petition with the Clerk’s Office of the Superior Court of the Georgia county in which your spouse resides. If he/she has moved out of Georgia, you may file it in your county. You should detail the major reasons you are seeking a divorce in the Petition.
You or your spouse must have resided in Georgia for at least six continuous months prior to filing for divorce. The Petition for Divorce and Final Judgment and Decree of Divorce must be filed in the Superior Court of the county where one or both spouses reside. You must provide information about living arrangements, assets, debts, ...
If the respondent files an Answer in which he or she agrees to all of the points in the Petition, then you may proceed through an uncontested divorce process. You and your spouse will be called to a final hearing after the appropriate documents are submitted, where the judge will sign and issue the Final Judgment and Decree
If your spouse does not file an Answer within the allotted period, they effectively relinquish their right to be heard in court. The judge may award you all of the concessions you seek in the Petition by reason of Default. To complete the divorce in this case, you must file
In order to provide both parties an equal opportunity to present their position in the case, your spouse must be legally notified about the divorce. This is called Service of Process and in Georgia this legal notice may be fulfilled by
If you and your spouse cannot resolve your differences independently or with the aid of a mediator, you will need to go to trial where the judge will determine an equitable solution. To best protect your interests in a trial, you will need to hire an experienced divorce lawyer.
In some cases, a judge can grant a divorce in as little as 30 days.
Judges in Georgia base custody and visitation orders on the best interests of children. Before a court enters such orders, parents must submit parenting plans (either separately or jointly) including, among other things, a detailed parenting schedule, a description of how parents will share decision-making, a proposal for handling transportation of children, and provisions addressing communication with children while they are in the other parent's care. Even when parenting plans adequately cover all the details, however, circumstances can change, and modifications (changes) to original parenting orders may be necessary.
A parent (or another party with visitation rights) can ask the court to modify visitation or parenting time once in each two-year period following an initial entry of judgment in a case without having to show a change in circumstances.
A custodial parent must give anyone with visitation rights or court-ordered parenting time at least 30 days advanced notice before a planned move and must include the full address of the new residence.
In Georgia, a child 14 or older may choose which parent to live with, and a judge will honor the decision as long as it's in the child's best interests. If a child 14 or older requests a change of custodial parent, this will automatically be a sufficient change of circumstances for a custody re-evaluation, unless the court has already granted the child a request for a change within the past two years. The judge will give great consideration to the child's wishes, but will still evaluate other circumstances bearing on the child's best interests.
In some cases a court will appoint a neutral third party called a Guardian Ad Litem (GAL) to represent the child and help the judge make a decision. The GAL can investigate the child's home and school situation and contact parties with information about the child, such as teachers, doctors, and therapists.
A Georgia court will always consider a modification to custody if a custodial parent plans to move to a new residence. Under former Georgia law (and current law in some states) courts would generally allow a custodial parent to move with a child unless the other parent could demonstrate that the move would be harmful to the child.
Under current Georgia law, a planned move by a parent with sole or joint custody is always a sufficient basis for a modification hearing. The court will consider whether the best interests of the child require a change in custody in light of all applicable circumstances.