Legal Question in Family Law in Georgia

Inconsistent Visitation and comtempt on finances

I have joint legal custody of my twin 11 yr old girls. I am the custodial parent and I am having trouble getting the non-custodial parent to live up to the agreement. She constantly has issues with picking the kids for visitation and paying for her half of the kids extra curricular expenses. I know I can file a petition for contempt for the financial stuff but what options do I have for the visitation stuff?


Asked on 9/12/03, 2:17 pm

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Inconsistent Visitation and comtempt on finances

Visitation is generally a right, not an obligation. Unless she is violating some specific provisions in the decree re notice of not exercising it, it would not be a basis for contempt. However, the failure or refusal to pay expenses could be another matter. Your decree would have to be reviewed to see if this is something that could be asserted as a violation. Then, of course, you would have to balance the magnitude of those fees against the potential cost of a lawyer to go in and force her to pay or be held in contempt. Frankly, if she is not exercising visitation, not honoring her obligations under the decree, etc., if those obligations are not substantial, you are probably better off to ignore her, let her ignore paying, and just keep her out of the girls' lives as long as she plays it this way. This does not, from what little you outline, sound like a very involved mother.

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Answered on 9/12/03, 2:44 pm


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