Best Child Visitation Lawyers in Marietta

About Child Visitation Law in Marietta, United States

Child visitation law in Marietta, a city within Cobb County, Georgia, is focused on ensuring that children have continuing and meaningful relationships with both parents after separation or divorce. The legal system in Marietta recognizes the importance of a child maintaining a bond with both parents, unless it is not in the best interests of the child. Visitation, sometimes called parenting time, typically refers to the schedule and conditions under which a non-custodial parent can spend time with their child. Courts encourage parents to develop their own visitation agreements, but if they cannot, a judge will determine an arrangement that serves the child’s welfare and safety.

Why You May Need a Lawyer

There are many situations where guidance from a skilled child visitation lawyer is crucial. Common scenarios include:

• Difficulty agreeing with the other parent about a visitation schedule
• Concerns about your child’s safety with the other parent
• Experiencing parental alienation or obstacles preventing you from seeing your child
• Desiring to modify an existing visitation order due to life changes such as relocation or changes in employment
• Non-compliance by the other parent with a visitation order
• False allegations of abuse or neglect affecting visitation rights
• Navigating cases involving grandparents or extended family seeking visitation

A lawyer can help explain your rights, represent you in court, and ensure that any agreement is enforceable and truly in the best interests of your child.

Local Laws Overview

In Marietta, Georgia, visitation laws are governed primarily by state statutes, but are locally administered by the Cobb County courts. Key points include:

• Visitation is usually granted to the non-custodial parent unless there are strong reasons to limit contact, such as evidence of abuse or danger to the child.
• Georgia law prefers that parents submit a Parenting Plan outlining how they will share time and make decisions for their children after separation or divorce.
• Judges consider the best interests of the child, taking into account factors such as the child’s health, emotional ties, and stability.
• Standard visitation schedules may include alternating weekends, holidays, and extended summer time.
• Failure to comply with a court-ordered visitation plan can result in legal consequences for the non-compliant party.
• Modifications to existing visitation orders are possible if there has been a significant change in circumstances.
• In certain cases, supervised visitation may be ordered if there are safety or welfare concerns.

Frequently Asked Questions

What is child visitation?

Child visitation is the legal right granted to a non-custodial parent or another person (such as a grandparent) to spend time with a minor child according to a specified schedule.

Who determines the visitation schedule in Marietta?

If parents cannot agree on visitation, the Cobb County court will decide on a schedule that best serves the child’s interests, based on evidence and statutory guidelines.

Can a child refuse to visit the non-custodial parent?

A child’s wishes are considered, especially as they get older, but generally, court orders must be followed unless modified by the court.

What if the other parent is denying my court-ordered visitation?

If your visitation rights are being denied, you may file a contempt action with the court, and the other parent could face penalties or be ordered to comply.

How can visitation orders be modified?

You may request a modification from the court if you can show a significant change in circumstances, such as relocation, job changes, or health issues.

Is supervised visitation ever required?

Yes, if there are concerns for the child’s safety or welfare, the court may order visitation to occur in the presence of an approved third party.

Are grandparents allowed visitation rights?

Georgia law allows grandparents, under certain circumstances, to petition for visitation, especially if it is in the child's best interests and parental rights are not being undermined.

Do I need a lawyer for a visitation case?

While it is not required, hiring a lawyer can help ensure that your rights and your child’s needs are fully represented, especially in complicated cases.

What factors do courts consider when deciding visitation?

Courts look at the child’s age, safety, emotional needs, relationship with each parent, each parent’s living situation, and any history of abuse or neglect.

Can a visitation schedule include calls or electronic communication?

Yes, agreements can include telephone calls, video chats, and other electronic communication, especially if distance or other factors limit physical visits.

Additional Resources

For those in Marietta seeking further help or legal information about child visitation, the following resources can be valuable:

• Cobb County Family Law Information Center: Offers educational materials, forms, and workshops on family law, including visitation.
• Georgia Legal Services Program (GLSP): Provides legal assistance to low-income individuals in family law matters.
• Georgia Child Support Commission: Offers information on child support and visitation guidelines.
• The Cobb County Courthouse Clerk’s Office: Assists with filing legal motions and provides public access to court records.
• State Bar of Georgia Lawyer Referral Service: Helps individuals find local attorneys experienced in visitation and family law.

Next Steps

If you need legal assistance with child visitation in Marietta, begin by gathering all relevant documents including court orders, parenting plans, and any correspondence with the other parent. Consider scheduling a consultation with a local family law attorney who can review your circumstances and provide guidance tailored to your situation. You may also visit the Cobb County Family Law Information Center or contact the Georgia Legal Services Program for additional support. Acting quickly and seeking professional legal advice can help protect your rights and the best interests of your child.