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?
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.
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