After a divorce or split between non-married parents, courts are required to implement a parenting plan that addresses matters of child custody and visitation. Typically, any parent who does not have at least joint physical custody of their child will have some form of visitation rights.
A Forsyth County visitation lawyer could answer your questions concerning child visitation. Whether you are contemplating a divorce, have recently been served with divorce papers, or are looking to modify an existing visitation order, a well-practiced family attorney might be able to help you.
Family courts are required to keep the best interests of a child as their main concern in all family law matters, especially when important questions concerning custody and visitation arise. Any legal separation of parents must make accommodations for the continued welfare of any shared children.
While this applies in all divorces and legal separations, it may also arise out of a parent’s motion for a court to intervene in situations where the child was born out of wedlock. As stated by the Official Code of Georgia Annotated §19-9-3(a)(3), the court can create a custody and visitation plan based on a variety of factors, including:
When the court grants sole physical custody of a child to one parent, the other parent generally would be granted visitation rights. The default visitation plan in Georgia requires the non-custodial parent to return the child on time and adhere to all other terms of the custody agreement. A Forsyth County attorney could help parents understand the legal processes behind the creation of visitation plans.
In rare instances, a court may deviate from the default position of unsupervised visitation. As stated by O.C.G.A. §19-9-7, instances of past family violence may lead a court to limit or cancel a parent’s visitation time.
A court may only approve supervised visitation if adequate provisions are made for the child’s safety. This may include having visitation time in the presence of another person or a social services agency, ordering an exchange of the child in a protected setting, or ordering the visiting parent to complete a family violence education course. A visitation lawyer in Forsyth County could help non-custodial parents argue that supervised visitation is appropriate in their cases.
An attorney could also work to argue against visitation or modify an existing visitation order. If there is a material change in circumstances from when the court issued the first order, either parent can motion for the court to alter a parenting plan.
Under ideal circumstances, every parent should have the right to help raise their children. For some parents, this involves spending time with their kids according to a court-ordered visitation plan.
A Forsyth County visitation lawyer could help non-custodial parents fight for the right to see their children under these or alternative circumstances. Call today to learn more about your rights and legal options.