Q: State of Georgia child custody. The non-custodial out-of-state parent abnegated 98% of their parenting time this year.

A: There cannot be a definitive answer to your question. You need to consult with In attorney about your specific case. The age of the child definitely makes a difference. A 5 year old is not going to be able to opt out of parenting time, but a 15 year old might to be able to.

A: If you want to modify the current order regarding visitation, you will have to go back to court. Even if the child says they don't want to go, if there is an order giving the other parent visitation, you have to send the child, if they want to exercise that parenting time. If the other parent says no, they aren't picking up the child, then that's fine, the child can stay with you. But regardless of whether your child wants to go or not, the order says they have to go, until you get a judge to change that order. You could be found in contempt of court for not sending the child, whether they want to go or not.

A: First there are no mandatory visitation rights. Any visitation the non-custodial parent was given, the court saw fit to award that to them, but it wasn't mandatory that said parent receive a certain amount of visitation. Second, if you want to change the order, you have to file for a modification and go back before the court. You cannot simply stop producing the child for visitation, even if they express that they no longer want to visit. So by request, you mean, modify your current order, and yes, there is a way to do that. It's going back to court.