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What parents can do if denied visitation rights

On Behalf of | Nov 4, 2018 | Child Custody And Child Support |

A noncustodial parent in Georgia may be denied visitation rights by a court or the other parent. The former situation is rare although it may happen if a judge believes that a parent puts a child in danger. Courts might also order supervised visitation in which someone else must be present with the parent and child. If either of these situations occurs, the parent should comply with any court orders, such as getting treatment for substance abuse. The parent may also want to get an attorney.

Courts will generally not deny visitation to a parent who has fallen behind on child support, and although a custodial parent may attempt to do so, this will usually not be supported by the legal system. Other reasons a custodial parent might deny visitation include problems with transportation, inconvenience or worries about a child’s well-being.

The parent who is denied visitation by the other parent should document the situation. It may be possible to resolve the situation by speaking to the other parent out of the child’s presence. This could include discussing any issues the other parent has with a new partner. Noncustodial parents may need to take legal action such as filing a court motion or calling the police. While the police will not usually take action, they can document the situation, which may help in court.

It is not unusual for divorced parents to have a dispute over child custody and support. If modifications are needed, either parent can return to court to request these. For example, a parent may need to ask the court for a lower child support payment after losing a job or having another type of reduction in income. Parents should be able to negotiate small or temporary changes in the visitation schedule on their own, but they might want to return to court for major modifications.


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