Ask Me Help Desk - Losing visitation rights

In 2010 in Georgia my x husband lost his visitation rights when he gift complete his children of divorce class and hasn't even paid court ordered Childsupport in that time until the last month and now after 2 1/2 years of all of that he is planning on going back to the courts to try and get rights back what can I expect do I haft to get a lawyer or do I need to get a lawyer Doesn't even have his own place to live don't know what I need yo do please help Also I have moved out of state right after my divorce was finial to just wondering how that is going to affect to

First you are lucky, if the court did not OK the move out of state, had he filed within a month or two of you moving, he may have been able to force you to move back with the kids.

Next he has not lost his rights, he still has them, he just has not completed the required rules in GA to get to visit.

GA will require that he complete the parenting course ( few hours listening to a boring lecture that most parents ignore)

Beyond that, GA does not care that he is behind in his child support as far as visition goes ( I will address child support in a moment) So yes he will get visitation, if he goes back to court, follows the orders of the court. You may get it supervised at first but I doubt they will require it.

As to child support, GA looks at each separate, if he is not paying, have you taken him back for contempt of court ? Have you talked to the DA of the county he lives in about pressing abandoment charges, since in GA failure to pay is a criminal offense.

Quote:

Originally Posted by TammyWatts1353

my x husband lost his visitation rights when he gift complete his children of divorce class

What does that mean? I haven't a clue what you are trying to say. But if he wants visitation he may have to fulfill the conditions set by the court, but if he does he should get visitation.

Quote:

Originally Posted by Fr_Chuck

First you are lucky, if the court did not ok the move out of state, had he filed within a month or two of you moving, he may have been able to force you to move back with the kids.

Next he has not lost his rights, he still has them, he just has not completed the required rules in GA to get to visit.

GA will require that he complete the parenting course ( few hours listening to a boring lecture that most parents ignore)

Beyond that, GA does not care that he is behind in his child support as far as visition goes ( I will address child support in a moment) So yes he will get visitation, if he goes back to court, follows the orders of the court. You may get it supervised at first but I doubt they will require it.

As to child support, GA looks at each separate, if he is not paying, have you taken him back for contempt of court ? Have you talked to the DA of the county he lives in about pressing abandoment charges, since in GA failure to pay is a criminal offense.

didn't try for abadment but he just had to make a perg pay and he did it threw a lawyer instead of going into the court cause he didn't show up for court hearing on the Childsupport so what do I need to do about the abandoment do I need lawyer for that and is that going to stop the visitation

No, it is not going to stop visitation, in GA visits and child support are not related, they can be behind and still visit. It may put him in jail for non payment, ( hard to visit while in jail) but it may get you the child support money. And of course living in another state, if he has less money, less chance of him affording a visit.

There is no way in GA except to show him as a threat to the child, to stop him from getting visits if he follows rules of court. You may limit them but he will get them. Also even if he is a threat to the child, he will often still get court supervised visits at a approved visit center.

Not what you want to hear, sorry.

Quote:

Originally Posted by Fr_Chuck

no, it is not going to stop visitation, in GA visits and child support are not related, they can be behind and still visit. It may put him in jail for non payment, ( hard to visit while in jail) but it may get you the child support money. And of course living in another state, if he has less money, less chance of him affording a visit.

There is no way in GA except to show him as a threat to the child, to stop him from getting visits if he follows rules of court. You may limit them but he will get them. Also even if he is a threat to the child, he will often still get court supervised visits at a approved visit center.

Not what you want to hear, sorry.

So when he goes to court to show he completed the class will they give him visitation then or will we both haft to go to court at same time for the visits and do I haft to have a lawyer to or will he only haft to go

There will be a hearing. You will be invited to show cause why you don't think he should get visitation or to work out a schedule.

Whether you need an attorney or not depends on how much you want to fight it.