Kimberly Steinhoff April 28, 2021 Parenting
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.
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.
Because the temporary parenting plan acts as a bridge during divorce proceedings, it will eventually be replaced by a permanent parenting plan. It can be as detailed or as simple as the parents desire. Parents may create a temporary arrangement based on their children`s needs and their own schedules using custody software such as Custody X Change. The software offers detailed templates to help parents create clear, workable plans that can be printed out and submitted to attorneys or to the family court. Generally, the courts will approve a parent-created plan as long as it shows that the children`s needs are being met in the best possible way.
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