Visitation Rights Violation Consequences

Summary

GA Code § 19-9-24 (2023)(B) allows courts to restrict custody modification if visitation rights are denied. Judges must follow statutes with supporting evidence. Attach evidence to motions and present at hearings. If a judge ignores a statute, consider filing a motion for reconsideration or appeal. Check Gwinnett County court rules for specifics.

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GA Code § *-*-* (*) (B), if my coparent has violated my visitation rights and I filed a motion to modify custody, does this statute mean that my coparent can’t answer the motion and request relief
GA Code § *-*-* (*) subsection (B) states that if a parent has been found to have willfully and consistently denied another parent court-ordered visitation, the court may restrict their ability to seek custody modification. However, it doesn't automatically mean they can't answer the motion or request relief.
Which Georgia county is your case being handled in? This may provide more specific insight.
gwinnett
The statute you're referring to, GA Code § *-*-* (*)(B), does suggest consequences for denying visitation but doesn't outright prohibit the other parent from answering a motion or seeking relief. It may result in their ability to modify custody being restricted.
Would you like information on local legal resources or attorneys specializing in family law in Gwinnett County?
i wanted to know does a judge have to abide by this state’s statute if there is evidence supporting it
Yes, in general, judges are required to abide by state statutes when making decisions, as long as there is sufficient evidence to support the application of the statute. If you have evidence supporting your claim under GA Code § *-*-* (*)(B), the judge should consider it in their decision.
Would you like more information on legal resources or attorneys specializing in family law in Gwinnett County?
do I have to attach my evidence on the motion or can I reserve it and present at a hearing
You typically need to attach evidence to your motion to support your claims and provide the judge with the necessary information upfront. However, you can also present additional evidence at the hearing. Check the local court rules for specific requirements.
Would you like more detailed information on court procedures in Gwinnett County?
yes
In Gwinnett County, evidence should generally be attached to the motion to provide the judge with the necessary information upfront. Here’s some detailed information on court procedures:

Gwinnett County Superior Court


Phone: (*) *-*
Website: www.gwinnettcourts.com

Would you like more information on specific court procedures or assistance with preparing your motion?
what if a judge ignores the statute
If a judge ignores a statute, you may consider the following options:
- File a motion for reconsideration, pointing out the specific statute and how it was ignored.
- Appeal the decision to a higher court if the statute was clearly disregarded.
Would you like more information on filing an appeal or motion for reconsideration?
thanks
It sounds like you have a potentially strong case, especially if you have evidence supporting your claim under GA Code § *-*-* (*)(B). A judge generally must follow state statutes, so if they ignored it, you could appeal or ask for reconsideration.
Would you like more details on how to file an appeal or a motion for reconsideration?
not yet. Awaiting the outcome. Thank you
You're welcome! If you need any further assistance or have any questions in the future, feel free to reach out. Good luck with your case!