Custody Motion Dismissal Guide

Summary

In Georgia, if a parent withholds visitation rights, it may be grounds for filing a motion to dismiss or a petition for contempt. Both parents must adhere to custody agreements unless legally modified. Violations can be contested in court, and evidence of non-compliance is crucial. Consider seeking legal advice to navigate the process effectively.

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I need to draft a motion to dismiss
Hey Marcus! Drafting a motion to dismiss can be quite specific depending on your case. Could you tell me a bit more about the nature of the case or the grounds on which you're seeking dismissal?
this is custody action in Georgia. the parents share joint legal and joint physical custody. While the order states that the parties share */* custody. The mother never exercised */* custody. Instead prioritized her mental health by seeking treatment and only having parenting time every other weekend. she made this decision because she felt it was in the child's best interest as she was dealing with the remnance of an abuse marriage and learning to stand on her own. Father has attempted to pervert this responsible parenting decision to his advantage in order to deny mom custody. In April * father began with holding Moms visitation in totality and would only agree to supervised visitation. This was done without legal authority. Father is unable to cite any time when the child was placed in a dangerous situaton
Case Rating: *
Given the situation, here are some general points to consider in Georgia:
- Both parents have the right to enforce custody agreements unless a court order states otherwise.
- Non-compliance with custody orders can be contested in court.
- It might be beneficial to file a petition for contempt if a custody order is violated.
To help you draft a motion to dismiss, could you specify the grounds on which you're seeking the dismissal?
I am seeking a dismissal on the grounds that the Father is withholding visitation and at the same time seeking a modification of custody
Case Rating: *
In Georgia, you may consider filing a petition for contempt if the father is violating the custody order by withholding visitation rights. Here are some general points:
- Violating custody orders can be contested in court.
- Consider evidence demonstrating the father's non-compliance.
Would you like guidance on drafting the motion or more information on the legal process?