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?

Related Topics:
2 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.