Asked in Family Law and Child Custody for Georgia

Q: My ex has visitation of our 12 and 9 year olds, he supposed to have visitation which is court ordered 1,3,5 weekends

He is now homeless and takes our children to airbnb and hotels for his weekends. Can I withhold visitation until he has a place to live?

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1 Lawyer Answer

A: No, you cannot unilaterally decide to deny his visitation because you deem the places he is taking the children to be unsuitable. If he is taking them to rented locations, then they are in safe, probably sanitary, residences, even if they do not belong to the father. If you want to modify his visitation you will have to file a proper modification and take the father back to court. But you do not get to withhold visitation because he is renting places to exercise his visitation. You could be found in contempt of court should you choose to do that.

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