You might be able to deny visitation to a non-custodial parent in Georgia when there is a serious reason to do so and you seek an emergency court order authorizing a suspension of visitation. Courts want to keep children safe, so they only allow a change in visitation rights if there is proof that the child could be harmed.
If the non-custodial parent has issues like substance abuse, past violence, or neglect, you might be able to take steps to protect your child but you need to seek a court order to do so. Knowing when it is allowed and following the right legal steps can help you make sure your child’s well-being comes first.
If you are in this situation, our Canton contested child custody lawyer can help. While you may have valid concerns about your child’s well-being, you must take the right legal steps to avoid potential penalties. You can explore your legal options with us today during a private consultation.
Reasons for Denying Visitation to a Non-Custodial Parent in Georgia
Certain serious situations can be valid reasons for a court to deny visitation to a Georgia parent who doesn’t have primary physical custody of the child. The court wants to make sure children are safe, so it can allow denying visitation rights only in cases where the child’s well-being is at risk.
The following are examples of when Georgia courts may allow a custodial parent to deny visitation to a non-custodial parent:
- Abuse or violence: If the non-custodial parent has been violent or abusive.
- Substance abuse: If the parent struggles with drugs or alcohol, and it affects their ability to care for the child.
- Neglect: If the parent doesn’t provide a safe environment or doesn’t meet the child’s basic needs.
- Criminal behavior: If the parent is involved in activities that might put the child in danger.
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(770) 479-1500How to Deny Visitation Legally in Georgia
Even if a custodial parent has concerns about a non-custodial parent’s visitation rights, they still must follow the right steps to do it legally. Simply refusing visitation can lead to legal trouble and contempt of court..
Here are the steps to follow if you feel visitation should be denied:
- Document your concerns: Write down anything that shows why visitation may not be safe, such as specific incidents of abuse, neglect, or substance use. This can help support your case if you go to court.
- Talk to a lawyer immediately: Speak with a family lawyer right away to understand your rights and options. A lawyer can advise on what to do and help you with the legal process and help you ensure that you do not take any actions that could lead to a contempt allegation or charge against you as the custodial parent..
- File a request in court: To legally change or stop visitation rights, you’ll need to ask the court for a new order. This means filing a request, or “motion,” explaining why visitation isn’t safe. The court will review the case to decide what’s in the child’s best interest.
By following the steps above, you can ensure that you are doing everything correctly and that you are putting your child’s safety first.
What Happens if You Deny Visitation Without a Court Order?
Denying visitation without court approval can lead to serious consequences for the custodial parent. Even if you have valid concerns, it’s important to follow the legal steps.
Some potential outcomes if visitation is denied without a court order are:
- Contempt of court: If you deny visitation without permission, the court can hold you in contempt. This means you could face fines or other penalties for not following the order’s initial order. Contempt charges are the court’s way of enforcing its decisions.
- Changes to custody arrangements: In Georgia, a parent is barred from seeking to modify a parenting plan if he or she is withholding visitation from the other parent, so if you have serious concerns about the other parent, you need to seek a court order to modify visitation. In addition, repeatedly denying visitation without a valid reason could lead the court to re-examine the custody arrangement at the insistence of the other parent. If the court finds that visitation is being unfairly blocked, the court may decide to change who has primary custody or adjust the visitation schedule.
- Effect on future court decisions: How you follow court orders now can affect future decisions. Denying visitation without the court’s approval can create a negative impression and may influence the judge’s view if other issues come up later.
While it’s OK to have concerns about your child’s safety, handling them through the right legal process can protect you and your child. Following these steps can keep you within the law and ensure your concerns are heard in court.
What Visitation Rights Do Non-Custodial Parents Have in GA?
Non-custodial parents have the right to spend time with their child as long as it’s in the child’s best interests. Georgia law supports the idea that children benefit from relationships with both parents, so courts generally grant visitation unless there are serious reasons to limit it.
Ga. Code §19-9-1 outlines requirements for parenting plans, which also cover matters related to custody and visitation.
Below are key rights non-custodial parents typically have:
- Regular visitation: Non-custodial parents usually have scheduled visitation times that are outlined in a court order. This allows them to spend time with their child and stay involved in their life.
- Right to request codifications: If a non-custodial parent feels their visitation schedule isn’t fair or needs to change, they can ask the court for a modification. This might apply if their schedule changes or if they’re seeking more time with their child.
- Right to challenge visitation denial: If a custodial parent denies visitation without a court order, the non-custodial parent can seek legal help to enforce their rights. The court can review the situation to ensure both parents’ rights are respected while keeping the child safe.
- Right to be informed: Non-custodial parents generally have the right to stay informed about their child’s health, education, and general welfare, even if the child doesn’t live with them full-time.
These rights make sure non-custodial parents can be part of their child’s life, unless there are safety reasons that make limiting visits necessary.
How Our Lawyers Can Help With Changes to Visitation Rights
If you believe the current visitation schedule with the non-custodial parent isn’t safe for your child, our Canton family lawyer can help you make changes the right way. We understand state law and the legal steps you can take in your situation.
When we learn more about your situation during a private consultation, we can do the following:
- Explain your rights and options: We will explain your rights as the custodial parent and your options if you think visitation changes are needed. We can also explain Georgia’s child custody laws and how you can modify a child custody agreement.
- Gather evidence: We can help collect proof, like reports or records, showing why visitation may be unsafe. This can include things like past incidents or medical records if there’s a history of substance abuse or violence.
- File a request with the court: To legally change or stop visitation, we can help you file a motion, which is a formal request to the court. This request will explain why the changes are necessary for your child’s safety.
- Represent you in court: If your case needs a court hearing, we will represent you, explaining your concerns to the judge and answering any questions.
With our attorney’s support, you can learn the correct steps to request changes and present your best case for why you want to protect your child’s best interests.
Can a Child’s Preference Affect Visitation Denials?
In Georgia, a child’s preference can play a role in visitation decisions, especially if the child is 14 or older. At this age, the court may give more weight to the child’s wishes. However, it does not mean their choice alone will decide the matter.
The judge’s main concern is the child’s safety and well-being, so they will look at the whole situation, including any risks the non-custodial parent poses.
For children between 11 and 14 years old, the court may consider their feelings if they express a clear preference, but the final decision will still focus on what’s best for the child. This means the child’s preference is a factor but not the only factor in the court’s decision.
Can Visitation Rights Be Restored After They Have Been Denied?
A non-custodial parent’s visitation rights can be restored if they can show they have improved the conditions leading to the denial. To do this, the parent can request the court to review the visitation arrangement, where they may need to provide evidence of positive changes.
For example, if past issues involved substance abuse, the parent might need to show proof of treatment or sobriety. The court will look carefully at these changes and will decide if restoring visitation is in the child’s best interests.
If the court agrees, it may reinstate visitation, sometimes with specific conditions, such as supervised visits, to make sure the child remains safe.
We Handle Visitation Rights Cases for Non-Custodial Parents in GA
If you’re facing tough decisions about when you can deny visitation to a non-custodial parent in Georgia, Speights Law can guide you in your next steps and handle your case.
With over 20 years of experience helping families navigate complex legal challenges, we understand the importance of protecting your child’s well-being.
Our team will confidently navigate the legal process on your behalf and support you in finding a solution that serves the best interests of your family. Call us today for a private consultation. We offer weekend and evening appointments to accommodate your schedule.
