Atlanta, GA asked in Child Custody, Child Support and Family Law for Georgia

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

The parent is also several months behind on court-ordered child support. The child no longer wants to be obligated to travel out of state to visit the parent in the coming summer and winter holidays.

Is there a case to request the State to remove mandatory visitation rights from the absent parent?

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

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.

Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Divorce Lawyer
  • Dacula, GA
  • Licensed in Georgia

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.

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