Legal Question in Family Law in Georgia

Re: Child Visitation laws

In response to the visitation question, the father can file a motion for contempt against the mother for her failure to allow visitation with the child. The father can also request that the mother be required to pay reasonable attorney's fees and expenses of litigation for her willfull contempt of the visitation order.

In response to the child support question, the father can file a motion to modify the child support based upon the change in his financial status which decreases his ability to pay the child support previously awarded. The foregoing is general information only, not specific legal advice. No attorney client relationship has been created or implied.

Re: Child Visitation laws

Yes, but unfortunately the only clearly legal way to enforce visitation is to go back to the court that granted the divorce. If the divorce decree provided that your spouse has visitation rights and the mother is not honoring them, the mother can be held in contempt of court and even jailed if the defiance continues. It is also possible to in the same proceeding have child support adjusted/reduced due to a significant change in income. There is even some old Georgia case law to the effect that he may be justified in withholding child support until she begins honoring his visitation again, but please tell him not to do that before he talks to me or another lawyer, as the research would have to be updated to be sure its still good law. This could be his most practical out-of-court solution to getting his visitation back.

You can have him call me at (770) 534-1057 if he would like to discuss it further.