In our divorce decree she has custody and visitation at her discretion. We have since reconciled our differences and she is agreeing to set up a visitation schedule. For everyone's peace of mind and legal protection, we would like to have visitation made an order of the court. Would I have to file a complaint for modification of visitation rights and then she file an answer and agree to it or is there another form we can file together?
You would file a petition for modification of visitation - a parenting plan - together with a consent order. getting from A to B is not as simple as it sounds however, and you are best advised to have legal counsel handle it for you.
Please note that In answering your question I am only giving general legal information and am not representing you or giving legal advice. No attorney-client relationship is intended or is being established. Please be aware that questions posed in an open forum such as this cannot provide the level of detail and the documentation necessary to give a complete and accurate legal answer. Therefore, any information in this communication is for discussion purposes only. I recommend that you retain legal counsel rather than rely on the answers here. Lastly, this is not a solicitation for legal services.
You must employ counsel, and a modification action must be filed. Your agreement must be incorporated into a completed parenting plan, and both documents should be submitted to the court for review, and approval. Get a local lawyer, and get it done correctly this time around.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
How old is the original order? The answer will impact the language needed in the modification filing. Do not delay in getting this done since the relationship is currently civil between you both, and modifying the order is much easier to do when there is an agreement. I highly advise getting an attorney. Consent actions like yours are a lot less costly than contested ones, so strike while the iron is hot, as they say!
This is not meant to establish an attorney-client relationship, and is only meant for general guidance as to Georgia law and procedure.
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