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In Georgia - Is it likely that a Court terminate visitation and custody?

Started by apx_31088, Jul 20, 2011, 05:54:36 AM

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apx_31088

   Both parents have had joint physical/legal (including 50% days of the week) custody of the two children since 2005.  Children are now 17 and 15yo.
   One parent filed a Deprivation Petition in Juvenile Court which was dismissed by that court 5 months after it was filed.  The petition described that abuse was the reason for the petition.  That court held a hearing the day after that petition was filed, less than 24 hours after the filing of the petition.  At that hearing, one parent said that the children didn't want to be with the other parent.  The court directed that the targeted parent would not have visitation unless the children wanted visitation.  The judge them recused self citing a conflict of interest because one parent's attorney was representing that judge on a personal matter.
   A local attorney was appointed pro temp to be the judge.  After 4 months of court-ordered family therapy along with court-ordered 4 hours per week visitation (at a public restaurant), the court dismissed the petition citing the lack of "clear and compelling evidence".  When the targeted parent called the other parent to resume visitation, that other parent said that visitation would not be allowed.
   The targeted parent filed a Contempt petition in Superior Court.  6 months later, that court scheduled a Rule Nisi hearing.  The judge ended that hearing saying that the original 2005 Custody order still stands so that the visitation and custody of the two parents has not been changed. But the judge said that because of the age of the two children that the children have a right to have visitation with a parent controlled by their preference.  The Georgia Supreme Court in the Parter case has previously ruled "We hold that 14-year-olds do have the right to elect not to visit with their noncustodial parents; however, to allow them to make such election without a court order would violate the previously cited statutory provisions and would permit, if not encourage, custodial parents to vent their spite for their former mates by pressuring, directly or indirectly, the children to make such an election".  This sounds like a court order can be obtained that will allow teen children to deny a parent visitation rights.  Does it sound like Georgia allows a parent to be denied visitation and custody because of the preference of these children?
   Federal cases have described the fundamental Liberty Interest of a parent's "care and companionship" of their children and the associated children's interest in the same with their parents.  Federal cases also describe that state custody law cannot abridge federal constitutional liberty interests of custody. 
   Can a Superior Court judge reasonably rule to modify custody so that a parent has no legal ability to exercise visitation and custody even though that parent has not been ruled to be an unfit parent?

Simplydad

IMO the answer is no.

Until otherwise ordered the current visition order is in affect.  Unless there is a valid abuse claim then the judge should not have a valid judicial standard to change anything.