Can a custodial parent deny visitation in Georgia?
A custodial parent may not deny visitation to the non-custodial parent even if they are failing to make child support payments. For questions on child custody, visitation or child support laws in Georgia you may contact our office to arrange for a consultation with an attorney.
What is considered visitation interference?
Child visitation rights are available for parents who do not live with their child. Direct interference is when one parent physically prohibits the child from seeing their parent by moving to another state, taking the child without permission and refusing to return the child in violation of the court order.
What is considered custodial interference?
Custodial interference refers to a parent breaking court determined custodial instructions. This can be as major as taking a child from the sole custodian or as minimal as calling a child more than directed.
At what age can a child refuse visitation in Georgia?
14
The Georgia Supreme Court in Prater v. Wheeler, 253 GA 649 (1984) found that a child aged 14 and older has the right to choose not to visit the non-custodial parent.
How do I get visitation rights in Georgia?
Call 1-844-948-4748, send an email to [email protected] or complete a referral form to learn more about the Access and Visitation program. The Division of Child Support Services (DCSS) works with service providers who offer resources for parenting time to parents with active cases.
How do you press charges for custodial interference?
For any parent dealing with custodial interference, it is down to them to file the case. This can be done by contacting law enforcement and speaking to an officer who deals with child abduction or family cases. If there is any violence or kidnapping, law enforcement may arrest the parent responsible.
How do I prove parental interference?
Key Indicators of Parental Alienation Bad-mouthing the other parent. Creating irrational fear in the child about the other parent. Creating resentment in the child for the other parent. Discouraging the child from showing positive feelings towards the other parent.
Is custodial interference a federal crime?
Federal Laws The Parental Kidnapping Prevention Act is a federal law that makes it a federal crime to take a child across state lines and then fail to return the child to the person who has lawful custody.
At what age can a child choose which parent to live with?
The court considers the preference if the child is old enough to form an intelligent opinion. There’s a presumption a child 12 or above is old enough. The court considers the reasonable preference of a child 12 or older. The court may hear the preference of a younger child.
What is the punishment for interference with custody in Georgia?
(3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years. Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information.
What does lawful custody mean in Georgia code?
(3) “Lawful custody” means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-133, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction.
When does a person commit interference with custody?
(b) (1) A person commits the offense of interference with custody when without lawful authority to do so, the person: (A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person;
Who is a committed person in Georgia law?
(2) “Committed person” means any child or other person whose custody is entrusted to another individual by authority of law.