Created by FindLaw's team of legal writers and editors | Last updated June 29, 2018
When the parents separate, they must face several legal issues including child custody determinations. The custody agreement also addresses visitation issues or "parenting time," the term that Georgia uses to refer to the time that a child spends with the non-custodial parent. Because visitation is considered a related issue, the court will use the same legal standard that it uses to make custody determinations: In Georgia, this is the "best interests of the child" test.
For married couples, a husband is the presumptive father. However, if the father isn't married to the child's mother, he must establish paternity prior to obtaining any visitation or custody rights. This is true even if he's listed on the birth certificate. The father must go through the process of making the child legitimate either by signing a legitimation acknowledgment or via a court action. During the legitimation process, the father can request custody, visitation, and/or child support.
Although it's preferable to consult with an attorney for complex cases, an overview written in minimalist language rather than legal jargon can assist in comprehending how the law works regarding child visitation in Georgia. See the chart below for helpful information including links to the relevant statutes.
Statutes |
Statutes |
Parenting Plans
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The visitation schedule establishes when the child will spend time with the non-custodial parent. Georgia encourages parents to arrive at a mutual understanding. The agreement can be set forth in a parenting plan as part of a final settlement if the parties are divorcing, or as a separate agreement for non-married parents. However, if the parties can't agree, then the court will impose a specific visitation schedule. |
Determining Visitation Rights |
Unsupervised visits: The non-custodial parent spends time with the child without the mandated presence of another person. Most cases fall into this category. Supervised visits: The non-custodial parent spends time with the child with the presence of another person (another relative or household member, or third party social service agency). If the non-custodial parent has "committed one or more acts involving family violence," then the court may order supervised visitation. Alternatives to Supervised Visitations:
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Grandparent Visitation Rights |
Georgia recognizes grandparent visitation rights. Grandparents may request visitation by initiating their own proceedings or they can join/intervene as a party to an existing action. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you're dealing with child visitation issues, make sure that you understand the laws and how they'll affect the welfare of your child. Find a Georgia attorney familiar with custody and visitation issues who can work toward achieving the best situation for you and your child.
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