Child Custody and Visitation in Georgia 

If you are preparing for a Divorce or Separation and you have children with your soon to be ex-spouse, you may have questions about Child Custody and Visitation as it relates to Georgia Law. We have gathered these common questions regarding Child Custody and Visitation as well as their answers below.

What is “Reasonable Visitation”?

Reasonable visitation is simply a term that means exactly what it says- visitation that is reasonable under the circumstances.  If the Judge believes that you and your soon to be ex-spouse may be able to co-parent reasonably, he or she may order that the non-custodial parent be awarded reasonable visitation.  This means that it’s left to the parents of the child to determine how to share custody and when.  Keep in mind that this will generally mean that the custodial parent has more power and influence over-visitation than the non-custodial parent may prefer.  If you are aware that you and your soon to be ex-spouse cannot co-parent or come up with reasonable visitation, you should say so and not agree to undefined terms. Child Custody and Visitation can both be modified at a later time by partitioning the courts, but ideally, the best terms should be put in place from the beginning. 

What is a Fixed Visitation Schedule?

Child visitation and support information

Fixed visitation is the alternative to reasonable visitation.  The Judge orders the times and sometimes even places where the non-custodial parent has a right to visitation.  This is more common where there is a conflict between the parents, but has many other advantages, too.  It limits debates about visitation on the part of the parents and gives stability to children who are facing an uncertain time in their lives. 


My Soon To Be Ex Is Abusive.  What Do I Do?

If you or your children experienced physical or emotional abuse prior to the marriage dissolving, you must point this out to your Local Attorney prior to your court hearing. The Judge will decide parental visitation rights based on the information presented by your Lawyer at the time of the hearing.  The court may order that visits with the spouse accused of abuse be supervised, meaning another person will be responsible for supervising visits between the children and the accused parent. The individual is either someone picked by the parents or someone ordered by the court. Child Custody and Visitation Laws are set in place for the protection and welfare of the children. 

Child Custody and Visitation in Georgia - Custody Law Changes in Georgia- Attorney Sean R. Whitworth Family Law Firm in Marietta Georgia (1)


Do our Children’s Grandparents Have Visitation Rights?

The State of Georgia is one of a handful of states that recognizes grandparents’ rights in visitation and other custodial matters.  The rights are set out in O.C.G.A § 19-7-3.  A court will consider several elements when deciding whether to grant or deny a grandparent’s request for grandparents’ rights.  The principle is whether the child’s health or welfare would be harmed if the request for visitation is denied and if the visitation is in the children’s best interest.  It’s important to note that visitation is not the same as custody.


What Happens If a Non-Custodial Parent Fails to Exercise Their Time?

Some custodial parents may seek to modify the visitation order based on the non-custodial parent’s failure to exercise defined parenting time.  The visitation may be decreased in accordance with the non-custodial parent’s failure to seek parenting time. In order to modify visitation, the courts must be partitioned. We always recommend having an experienced Attorney by your side. 

Find the Right Attorney

If you are looking for an Attorney and live in Marietta and adjacent area, consider Attorney Sean R. Whitworth to help guide you through your Family Law issues. Attorney Whitworth offers free consultations and charges flat fees for all Family Law Matters including Child Custody and Visitation. 

Request your complimentary consultation.