DIVORCE • PERSONAL INJURY • MARIETTA ATTORNEYS YOU CAN TRUST • CRIMINAL LAW • FAMILY LAW
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.
The terms of parental parenting time are at the discretion of the court, and are classified into four major categories::
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.
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:
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, the 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 be 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.
Diana Whipkey Young, founding family law attorney of The Young Law Firm, 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.
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