Legal Question in Family Law in Georgia

Withholding of visitation

My son's dad and I are in the middle of a custody dispute over my 6 year old son (we were never married). He legitimized our son in April 2003. I have withheld visitation from my son's dad since Oct. 2004 because he has treatened both verbally and in writting via emails on several occasions to remove himself and leave me to rais Ian on my own with no involvement on his part if the judge he doesn't grant him complete or joint custody of our son (he lives 1 hour away from us. Despite his decision to do this, his father wanted to continue visitation until the hearing and dismiss Ian if he doesn't get what he wants, there by, devestating our son. I feel like I'm between a rock and a hard space, I want Ian and his dad to have a relationship, but not if his dad is going to up and leave him anyway if he doesn't get what he wants in court. Do you think the judge will hold it against me for withholding visitation from his dad until the out come of the hearing because of his threats to leave our son high and dry?


Asked on 2/18/04, 10:32 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Withholding of visitation

Unless he's actually threatening to take the child and leave, I don't think the judge will like you denying reasonable visitation, and certainly whatever visitation is required by any temporary court order. If you are violating any court order, you could even be found in contempt and ordered to sit in jail for awhile. Probably, for now, as long as this is not a child safety issue, you should keep the moral high ground, allow the visitation, and try to ignore his threats. They could just be posturing. He will always be free to move if he wants, but he will not be free to defy a support order.

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Answered on 2/29/04, 11:51 am


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