Kimberly Steinhoff January 9, 2022 Parenting
In Georgia, grandparents have been awarded visitation rights as have step-parents who had a close bond with the child at the time they were married to the child`s parent. Again, as long as the judge finds the visitation is in the best interest of the child, visitation is often awarded in these circumstances.
In some cases, the non-custodial parent will refuse to return the children because they fear for the child. In this case, the non-custodial parent must file a petition within 96 hours to prove his or her case or else be charged with kidnapping. If the child has not been returned by the non custodial parent, a police report must be filed immediately. The Federal Bureau of Investigation usually assists in parental abductions since many of the involve taking children across state lines. Finally, anyone who has been granted visitation must abide by the court order. If not, he or she will face contempt charges. While jail sentences only happen in rare cases, a judge could order jail time for a parent that violates the order.
When working out a parenting agreement for temporary custody, the mother and father need to consider how they will continue to raise the children while living in separate locations. The first decision to make is where the children will live. If it is possible, the children should stay in their same home. The parents should strive to give as much stability as possible to their children during this time of change. The kids should be able to attend the same school and be close to their friends. This can all happen if they stay at their home. This means that the children will most likely live with the parent who has stayed in the house and have visits to the parent who has moved.
If the other parent refuses to cooperate on the agreement and insists on going to court, a parent should make every effort to prepare for court and get their parenting agreement accepted. The parent can suggest going to mediation to work things out beforehand, and some states even require that parents attend custody mediation before going to court. However, if things still do not work out, the parent should make a parenting agreement and be prepared to fully explain why this agreement is in the best interest of the children. They should give adequate time to both parents and make the parenting time schedule fair. This will help the court see that this parent is trying to do what is best for the child and increase the chances of the agreement being accepted. Hopefully, things can be resolved in the best way for the children.
For a Georgia Superior Court to deny visitation to a parent, it must be determined that the child would be harmed in some way by continuing to have a relationship with the parent. This could be because of abuse allegations or because of criminal or immoral activity. In most cases, the court will not deny visitation permanently but will order the non-custodial parent to meet certain obligations. Often a parent will deny the other parent visitation rights. This is a violation of a court order and the other parent can be charged with contempt. First, the parent who was denied visitation must file for modification of visitation. Unfortunately, this can take several weeks to move through the court system before the parent has his or her visitation rights destroyed.
For many divorcing parents, a family court will recommend mediation services to work out issues concerning a parenting plan and visitation schedule. In some states, mediation is mandatory. Whether private mediation or through the court, mediation is an excellent way for you and the other parent to work together to create a parenting plan for your children.
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