Clearfield, UT asked in Family Law for Georgia

Q: My son lives in Utah and has a Final Visitation Order in place from GA. It states his daughter can travel to UT from GA

when she turns age 6, which will be this July. Mother is denying travel/visitation to UT due to Coronavirus. Can she do this?

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3 Lawyer Answers
Lane Wood
Lane Wood
PREMIUM
Answered

A: Unfortunately, your question can't be answered with a simple yes or no. Since the Order is in place in GA and it sounds like the child and her mom remain in GA, the answer to this may depend on how GA is treating such arrangements during COVID. You may want to ask this same question in the GA section of Justia so that attorneys there can weigh in.

Even in Utah, there is some variation from case to case and judge to judge. Generally speaking, I think that Utah has postured itself in favor of facilitating visitation absent an agreement or an order providing otherwise.

Mike Branum agrees with this answer

Mike Branum
Mike Branum
Answered

A: I agree with Mr. Wood. I would also consider the additional complications which the panic over corona has created. I have not had to worry about unaccompanied minor air travel for a few years now. I have zero idea how the current situation has changed airline policies regarding UMs. The changes to flight schedules may also have eliminated direct flights in lieu of connecting flights and I believe direct flights are preferred when accommodating UMs. I would recommend being flexible and creative. Grandma may have to offer to drive or fly to Georgia to pick up the child and assist in getting her home. I believe the courts will enforce the order as much as reasonably possible but it may require a little more work.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleagues. The court is going to likely enforce the order, so it’s a good idea to try and find ways to be comfortable with the travel that will take place. If the mother is denying the visitation she may be in contempt. It would be wise to consult with an attorney who can help with the case. -Homer P. Jordan IV, Esq. 404-620-1558

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