Divorce Overview
Visitation Rights Attorney in Marietta, GA
Adult relationships don’t always stand the test of time, regardless of whether or not shared children are part of the equation. That being said, the dissolution of a marriage or romantic relationship does not negate your parental rights. As dictated by Georgia family law, non-custodial parents have a right to pursue parenting time of their children. Rules governing family law in Georgia are built on the foundation of acting in the best interest of the child. More often than not, the determination is made that maintaining a solid relationship with both parents is the optimal scenario for a child’s well being.
Types of Parenting Time
The terms of parental parenting time are at the discretion of the court, and are classified into four major categories:
- Reasonable parenting time: Generally, the terms are open-ended and allow both parents to agree upon a parenting time schedule.
- Scheduled parenting time: Dates and times of scheduled parenting times will be determined and specified by the Georgia family court.
- Supervised parenting time: In instances where the judge deems the non-custodial parent to be a potential danger to the child, all parenting times are monitored by a court-appointed adult.
- No parenting time: No parenting time rights are granted to the non-custodial parent if the presiding judge believes he or she poses a threat to the physical or emotional well being of the child.
Not surprisingly, research has reinforced the belief that children benefit tremendously when relationships are maintained with both parents following a divorce, separation or break-up. Here at Marietta’s Young Law Firm, our attorneys have witnessed the damaging impact of denying a child regular contact with a parent. As a parent, you are entitled to maintain a presence in your child’s life, and we will actively ensure that your rights are upheld.
Visitation Rights and Supervised Visitation
The parent not awarded custody in a divorce case is usually granted visitation rights. The trial judge has broad discretion in deciding this issue. The best interest of the child or children is the guiding principle for the judge’s decision.
The visitation and communication allowed by the trial judge as to the non-custodial parent should be such as the circumstances direct. The exception would be if the best interests of the child or children are not served by visitation or communication or if the non-custodial parent is morally unfit.
Common exceptions include that the non-custodial parent:
- Has a serious criminal record
- Uses illegal drugs, or
- Has been violent.
It is the public policy of the State of Georgia to encourage that parents have continuing contact with parents who have shown the ability to act in the best interest of the child or children. It is also the State of Georgia’s policy to encourage parents to share in the rights and responsibilities of raising their children after they have separated or divorced. In most cases, parent visitation will be in the best interest of the child or children.
However, in some cases, the trial judge will make a determination that visitation should not be allowed or should be restricted. If a non-custodial parent has a serious issue, such as a drug or alcohol problem or is violent, then the trial judge may make restrictions tailored to the case to protect the child or children. Such restriction may include that the visitation is supervised. Such supervision may be by a named individual who may be a relative or a close friend. The visitation may also be required to be supervised by a professional agency which is in the business of providing such services. The agency, of course, will charge a fee for the supervision.
Cobb County Visitation Rights Attorney Ensuring Protection of Your Parenting Time Rights
Visitation rights attorney Diana Young, knows the level of sensitivity involved in decisions regarding parental parenting time rights. Emotions run high, and understandably so. Attorney Young will provide the aggressive representation necessary to secure the child parenting time you’re entitled to have.
Contact us at (770) 795-9596 or complete our online evaluation form to schedule a consultation to discuss your specific circumstance.