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Wendy Hodge January 6, 2022 Parenting

Millions of Americans have grown up in households with a step-parent. Whether a stepmother or stepfather, it is not uncommon for children to become just as attached to a step-parent as to the corresponding biological parent. In some cases children may only barely know that biological parent. Despite such a close bond, if the child`s parent and step-parent divorce, it can be difficult for the step-parent to gain legal visitation or custody rights.

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In Georgia, when parents divorce, in most cases one of the parents is given custody and the other parent is given visitation rights. The visitation schedule can vary according to each parents needs. A standard Georgia visitation agreement allows the non-custodial parent to see the children every other weekend with holiday`s split between the two parents.For example, one parent will have the children on Thanksgiving one year and the other one will have the child the next year. Judges always determine the custody and visitation agreements. The standard measuring tool is "what`s in the best interest of the child." In recent years, judges have been just as agreeable to awarding custody to the fathers and visitation rights to the mothers.

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Usually, parents request modifications to the parenting plan when there is a significant change to the children`s lives or the parent`s lives. Whether it is a change to the basic custody schedule or a topic in the parenting plan, almost every part of the plan is open to revisions, as long as you can show the court that the changes benefit your children.

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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.

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Once the parenting agreement is decided on, the parents can get a copy of the state child support calculator to find out the amount of support that is paid or received. If the parents do not think the amount of support is fair, they can make adjustments to the agreement to change the amount. They can do this by changing the custody schedule or the other information in the agreement. It is important for parents to take ownership for their agreement and child support. They should double check the calculations and do their own math rather than relying on the court. The court may estimate some of the numbers or make mistakes, and it is up to the parents to notice this and fix the situation.

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Child custody situations can be stressful and overwhelming for parents and children. Too often, the parents bring emotional issues from the divorce into the custody situation and a custody battle develops. The children are the ones who ultimate lose in these cases. The first step to winning custody is for the mother and father to look objectively at the situation and figure out the best way for the children to be raised. This almost always means that both parents need to be involved in the children`s lives (except in cases of abuse or when a parent is unfit). A parent who is seeking to exclude the other parent from the children needs to take a step back and be honest about their reasoning. Are they doing this because of a personal vendetta? Are the children really going to benefit from this action? If the children`s interests are slighted, there is not any way for either parent to win custody.

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