- A father has the right to see his children in Georgia unless there is a court order restricting his rights.child and father image by Renata Osinska from Fotolia.com
Prior to divorce, spouses often have an unclear idea of child custody rights. While a schedule of visitation is usually stated in a final divorce agreement, rights are less well-defined before divorce is final. In Georgia, fathers have a right to see their children prior to a divorce order unless there is some reason why this right should be restricted. - In the State of Georgia, a parent has a constitutional right to see his children. This means that a parent cannot be denied the right to see his child simply because divorce proceedings have begun. Of course, the person must actually be the father of the child, but if he can demonstrate his paternity (or if he was married to the child's mother when the child was born), then he has a default right to see his child. This right can be restricted only by court order or by a mutual agreement made between parents. This right is not absolute. For example, a father cannot deny the child the ability to see her mother or commit a criminal act in order to see his child.
- During divorce proceedings, usually one parent will have de facto custody, which means that one person actually has the child. De facto custody does not have legal force and can be changed. If a father feels that he is illegally being denied visitation before divorce is finalized, he can file for temporary custody. Temporary custody is a court order that determines the current "best interests" of the child. This custody will only become final pending a full hearing. Usually a final custody order will not be issued until the divorce is final. Thus, asking for a temporary custody order is a good way to get official custody rights before divorce.
- While a father usually has the right to visit his children before a divorce is finalized, or before a custody order is issued by a court, there is a possible restriction. A father's visitation rights can be rescinded if the court issues a restraining order against the father. This restraining order must restrict the father's ability to see the children, not to see the mother. Before the court can deny a parent's visitation rights, a party must demonstrate that the parent's presence would cause emotional or physical harm to the child. Further, the court must be satisfied that there are no alternatives to terminating visitation that would protect the child.
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