Visitation

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Visitation Scheduling Attorney in Cumming, GA

Serving North Georgia and the Greater Atlanta Area

The courts always prefer the parents work out a visitation schedule on their own, if possible. A visitation schedule can be very simple, it might say, "The Father shall have liberal visitation with the minor child "as the parties may agree". The non-custodial parent can visit with the minor child every day of the week, if the custodial parent agrees, the courts do not care. The actual written visitation schedule applies if the parties are unable to agree.

The standard visitation schedule permits the non-custodial parent to visit with the minor child every other weekend or the 1st, 3rd and 5th weekends of each month typically from Friday at 6:00 PM until Sunday at 6:00 PM.

The standard visitation schedule attempts to equally divide the holidays. For example, for Christmas holidays, one parent may have visitation from the day school lets out until around 12:00 noon, Christmas Day. The other parent visits with the minor child from 12:00 noon Christmas Day until New Year’s Day.

Thanksgiving holidays, and other holidays are alternated between the parents based on odd or even numbered years. The child visits with the Mother on Mother's Day, and the Father on Father's Day.

The non-custodial parent typically has Spring Break with the minor child, or it may alternate year to year between the parents.

The non-custodial parent typically has anywhere from two to four weeks with the child during the summer months. There are also visitation schedules which also include overnight visits during the week.

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FAQ

  • Separation

    In Georgia you can continue to reside together in the same marital home and be considered "separated". Georgia only requires that the parties are in a "bonafide state of separation", regardless as to whether they continued to reside in the same marital residence.

  • Waiting Periods

    Divorce in Georgia can take as little as thirty-one (31) days from the date of filing the divorce action, by signing a "Consent To Trial". This is only for "uncontested divorces", through a "Settlement Agreement" resolving all the issues pertaining to division of assets/property, marital debts, minor children, and so forth. However, when the divorce contested; however, the parties will, no doubt, engage in discovery to determine assets, debts, etc., prior to having a final hearing. Discovery could take up to six months from the date the Defendant files his/her answer.

  • Discovery

    Discovery includes interrogatories (questions that must be answered under oath), "requests for production of documents" or "notice to produce" which require the parties to turn over certain documents pertaining to property, finances, debts, investments, employment, etc. Discovery may also include depositions in which a party is required to testify under oath with all questions and testimony being taken down (typed) by a court reporter.

    Note: During the discovery period, phone records, social media accounts (i.e., Facebook, Twitter, etc.), text messages, e-mail, are all fair game.

  • Mediation

    Mediation is available to mediate the issues of the divorce action. Some courts require that the divorcing parties go to mediation. A mediator is an independent, neutral party who listens to the concerns of each party and attempts to help them reach a resolution. If some issues just cannot be resolved in mediation, then a “mediation agreement” will be signed by the parties as to those issues that were resolved. The remaining unresolved issues will be determined by the Court at trial.