Do I need a lawyer to change visitation arrangments?

Asked over 5 years ago - Atlanta, GA

I have permanet custody of my child and her dad has visitation rigths every other weekend and others. He does not have a suitable place to have visitations with her and does not have his own transortation an driving license, he is not paying child support, hwevever I am allowing visitation in this conditions.
I amm planning to remarriage and have to move out of state

Attorney answers (1)

  1. Damon Sharad Bivek

    Contributor Level 12

    Answered . You need to file a Petition for Modification of Custody in order to change the visitation arrangements. It is a complicated procedure if you don't have Dad's cooperation, and you should definitely at least consult with an attorney to discuss your options. You could also file a Petition for Contempt to collect the child support that Dad owes you. In order to be successful in your Petition for Modification of Custody, you need to inform the Court in your Pleadings of all of the things Dad is or isn't doing. The Court will need to find that there has been a substantial change in circumstances since the prior order giving Dad visitation rights, before your Modification of Custody will be granted. The Court will also need to find that it is in the best interest of the child to grant the modification of custody. You definitely need to speak to a lawyer, because there are a lot of specific documents that need to be filed with the Court when you have a case involving children including a Parenting Plan, Child Support Worksheet, and Domestic Relations Financial Affidavit. These must be filed in addition to your Petition for Modification of Custody. Many attorneys offer free consultations, and you will be able to get a better idea of cost / procedures after you speak with an attorney. Be sure to speak to an attorney who practices in family law in your city and state.

Related Topics

Visitation rights in child custody agreements

Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.

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