Kimberly Steinhoff March 28, 2021 Parenting
Under Florida law, biological parents have first priority in child custody issues. Only under exceptional circumstances does the court ordinarily grant visitation or custody rights to step-parents. If the child`s primary caregiver believes that maintaining contact with the step-parent is in the child`s best interests, it is possible for the step-parent to have formal visitation rights. If the court believes this might infringe on the rights of the other parent, however, the step-parent may be excluded.
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.
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.
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.
Tag Cloudlegal temporary custody agreement