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  1. #1
    Join Date
    Apr 2008
    Posts
    16

    Default Non-Custodial Parent Visitation Vs. Custodial Parent's Rights In Georgia

    I am in Georgia. My daughter is 3 years old, I am divorced since 2006 and have full custody. Her father has not been in her life that much, and not on his own will. He did not begin paying child support until I informed the Child Support Enforcement in January 2008. He then wanted to give up his paternal rights so he didn't have to pay child support, but was unable to do so because I am not yet married again.

    His (adopted) parents sued me for grandparent's rights, which I never denied to them the option of coming to MY house to see her. I simply did not want them taking her anywhere, and no overnights. After having to spend lawyer fees on that, they are thinking of dropping the case since they have realized that they cannot get overnight visitation and never provided discovery information which would have included images of their home. Now, all of a sudden, they are getting my ex (they are using the same lawyer) to have their lawyer press for visitation rights. First, my ex had to complete the Divorcing parent's seminar which was required by court order prior to visitation even beginning. He didn't call her on her birthday, and has made no attempts to visit with her prior to his parents suing me. He has now completed that recently, and is living with his parents. I do not wish for my daughter to go to their house because of the conditions, very dirty and would not benefit my daughter's well-being. Not only do the parents and my ex live there, but their biological daughter and son, which are 34 and 37 years old, and my ex's half-brother who is 18. According to court order, he has one overnight visit every other weekend. My thoughts are that his parents are dropping the case since they have realized my daughter can come to their house through my ex's visitation rights. I am planning to seek a modification to the court order in which to wish for supervised visitation only, no overnights.

    My questions are:

    1. Do I have any say-so as to where my daughter is for this overnight visit?

    2. My ex does not have a car suitable in which to pick up my daughter (back seat is gone), do I have the right to provide all transportation for the visit?

    3. My concern is that my daughter will go to his parent's house, and he will not be present, he will go off with his friends and leave my daughter with his parents. Is there anything that legally states he must be present with her at all times and provide care for her at all times while he has her?

    4. In the court order, it states that if there are medical bills not covered by insurance for my daughter, that my ex and I must split the bills and he must pay within 20 days from the date I serve him with the statements. If he doesn't pay within the 20 days, do I have the right to deny visitation to him?

    5. Last, I am afraid of my daughter's overall well-being with him. He has domestic violence issues from the past, and he does not know how to properly care for a child. Throughout our marriage, I was the one that cared for her, he never helped. The only time I trusted him, I came home to a child that had not had a diaper change in over 5 hours.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Non-Custodial Parent Visitation Vs. Custodial Parent's Rights In Georgia

    Quote Quoting metallic36
    View Post
    I am in Georgia. My daughter is 3 years old, I am divorced since 2006 and have full custody. Her father has not been in her life that much, and not on his own will. He did not begin paying child support until I informed the Child Support Enforcement in January 2008. He then wanted to give up his paternal rights so he didn't have to pay child support, but was unable to do so because I am not yet married again.

    His (adopted) parents sued me for grandparent's rights, which I never denied to them the option of coming to MY house to see her. I simply did not want them taking her anywhere, and no overnights. After having to spend lawyer fees on that, they are thinking of dropping the case since they have realized that they cannot get overnight visitation and never provided discovery information which would have included images of their home. Now, all of a sudden, they are getting my ex (they are using the same lawyer) to have their lawyer press for visitation rights. First, my ex had to complete the Divorcing parent's seminar which was required by court order prior to visitation even beginning. He didn't call her on her birthday, and has made no attempts to visit with her prior to his parents suing me. He has now completed that recently, and is living with his parents. I do not wish for my daughter to go to their house because of the conditions, very dirty and would not benefit my daughter's well-being. Not only do the parents and my ex live there, but their biological daughter and son, which are 34 and 37 years old, and my ex's half-brother who is 18. According to court order, he has one overnight visit every other weekend. My thoughts are that his parents are dropping the case since they have realized my daughter can come to their house through my ex's visitation rights. I am planning to seek a modification to the court order in which to wish for supervised visitation only, no overnights.

    My questions are:

    1. Do I have any say-so as to where my daughter is for this overnight visit?

    2. My ex does not have a car suitable in which to pick up my daughter (back seat is gone), do I have the right to provide all transportation for the visit?

    3. My concern is that my daughter will go to his parent's house, and he will not be present, he will go off with his friends and leave my daughter with his parents. Is there anything that legally states he must be present with her at all times and provide care for her at all times while he has her?

    4. In the court order, it states that if there are medical bills not covered by insurance for my daughter, that my ex and I must split the bills and he must pay within 20 days from the date I serve him with the statements. If he doesn't pay within the 20 days, do I have the right to deny visitation to him?

    5. Last, I am afraid of my daughter's overall well-being with him. He has domestic violence issues from the past, and he does not know how to properly care for a child. Throughout our marriage, I was the one that cared for her, he never helped. The only time I trusted him, I came home to a child that had not had a diaper change in over 5 hours.
    1. Unless your court order states specifically that you decide where the visits will be, no you don't have the right to decide. You must obey the court order.

    2. It depends- what is the exact wording of your court order in regards to transportation?

    3. Does your court order specifically state that he must remain with the child every minute of his visitation?
    If not, no he is not legally required to be there every minute.

    4. NO. Unless there is a very specific provision in your order allowing denial, you do not have the right to deny any court orderd visits for any reason, especially not for non payment of court ordered monies. However, you do have the right to file to enforce the financial portion of the order.

    5. You will need to PROVE those allegations to the court and ask for supervised visits. Until that time, you have to obey the existing court order.

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