In Georgia, the courts will determine custody and child visitation by looking at the relationship of each parent with the child whenever the parents are unable to decide on their own. Georgia law does not favor one parent over the other. Of course, the court prefers if the parents can make this decision on their own. For couples who cannot come to an agreement, the judge will hear the testimony of the parents, other family members, expert witnesses and the child before making a ruling about the visitation schedule.
The visitation schedule will become part of the divorce settlement agreement and incorporated in the final divorce decree. After the divorce is final, child custody and visitation orders can be changed or modified by either parent if the court finds that significant changes have occurred in the lives of the parents or the child.
Mediation to Resolve Divorce Issues
Both you and your spouse must agree to mediation. The costs are shared by the parties. Most divorce mediators are attorneys, but they are not allowed to give you or your spouse any legal advice because they are acting as neutral third parties that are trying to bring you and your spouse together to resolve your issues. You should speak to a family law attorney for advice on preparing your case for mediation. Any marital settlement issues that are unresolved after mediation will have to be decided by the judge.
Child Visitation Schedules
Voluntary child visitation schedules are determined by both parents and sometimes just one parent. The schedule must be approved by the court. Arrangements vary depending on who is awarded custody and who has visitation. The following is a sample of the type of visitation schedules that parents and the court end up working out:
- Weekend visitation or alternate weekend visitation with the non-custodial parent, including three-day holidays
- Visitation during the week with non-custodial parent
- Sharing of visitation during school vacations
- Alternating holidays
- Mother's Day with Mother, Father's Day with Father
- Alternating child’s birthday
- Telephone privileges with non-custodial parent
- Extra mutually agreed upon days without the approval of the court
Parents and the child find child visitation schedules beneficial so each knows how much time they can spend together. It also helps to provide a more stable living environment for the child.
Legal Help
Child visitation matters can become heated and contested matters. It is recommended that you seek the help of a family law and divorce attorney to represent you regarding your divorce issues including child support, child custody and child visitation matters. If your spouse has hired an attorney, all the more reason you should have your own attorney representing your interests in court.
