Yet another great post from the Georgia Family Law Blog. This time the topic is custody visitation and problems, an all to common occurrence for split families. The article covers various topics regarding custody visitation problems. Here are some selected excerpts from the post.
Interference with Visitation
In a few states, statutes allow the court to consider in the initial custody decision which parent is likely to allow frequent and continuing contact with the other parent. Where the interference has been persistent or has involved hiding the child, the court may even transfer custody from one parent to the other. As a general rule, however, the court will not settle a dispute over visitation by transferring custody because modification may end up disrupting the child's stable home environment. Instead, the court may choose to enlarge the visitation time allotted to the noncustodial parent.
Relocation of Custodial Parent
Many custody orders include travel restrictions that prohibit the custodial parent from removing the child from the state. These provisions help to ensure the integrity of the parties' original agreement, to assure thoughtful consideration of the impact of any intended move, and to protect the noncustodial parent's rights to visitation. Where travel restrictions exist, the custodial parent seeking to move must obtain a modification of the original decree. The modification proceeding gives the noncustodial parent the opportunity to restructure the visitation arrangements or to file a motion for modification of custody. Even without a travel restriction, the court may find that a decree granting a noncustodial parent weekly visitation impliedly prohibits a parent from moving without going back to court.
Abuse of Visitation
If the noncustodial parent acts in derogation of the custodial parent's rights to custody, the court may restrict or suspend visitation in an appropriate case. The problem of interference with the custodial parent's rights, particularly in cases involving child snatching, has been a serious concern to both legislatures and courts. In some situations criminal proceedings, civil actions, or statutory tort actions may be brought against the offending spouse.
Withholding of Visitation or Support
Most courts refuse to let a parent use support as a tool to secure visitation because provisions for support and visitation are independent. Likewise, courts refuse to allow the custodial parent to withhold visitation to obtain support because it is in the best interests of the child to visit his or her other natural parent.
