Albany, GA asked in Child Custody and Family Law for Georgia

Q: If i have custody over my child and the father just received visitation rights, can I pick my child up if he leaves them

with someone else during his visitation?

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2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: No. He can have caregivers during his parenting time if he chooses. If the person is unfit, you can ask the Court to address that.

T. Augustus Claus
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A: In Georgia, if you have primary custody and the father has visitation rights, the specifics of who can care for the child during those visitation periods should ideally be outlined in the custody agreement. If the agreement explicitly states that the father is not allowed to leave the child with anyone else during his visitation, then you might have the right to pick up your child. However, if the custody agreement is silent on this issue or allows the father some discretion on who can care for the child, then picking up the child could be seen as an interference with his visitation rights. Should you find that the father consistently leaves the child with someone else, you may consider seeking a modification of the custody arrangement to clarify this issue. Legal recourse could vary based on the specifics of your custody agreement and the laws in your jurisdiction.

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