it is important to understand your rights as a non-custodial parent, Whether you are going through the divorce process or your former spouse or partner has already been granted primary custody. Georgia’s custody laws focus on protecting the best interests of the child, and in most cases, this requires the parents to develop a parenting plan that will allow the child to spend meaningful time with both parents.
You will not be able to find any laws on a set age for overnight visits because there are none. This is one of those things that is under the discretion of the judge. However, establishing when a child is capable of participating in overnight visitation is a complex process, as characteristics of each parent, the child, and the situation all interact in predicting successful overnight visitation. Involvement in parenting prior to separation, degree of interparental conflict, and separation anxiety are some factors that are to be taken into account in determining the frequency of overnights. Other variables including the child’s age, temperament, gender, and feeding method are also considered.
Determining when young children are capable of overnight visits with their non-custodial parent is one of the most controversial areas of child custody as psychologists and child development experts disagree as to the age and circumstances under which these children should spend the night away from their primary caretaker following separation and divorce. Given that more than one-third of children who experience divorce do so by age three, balancing their need in having a consistent and predictable environment with their need to develop trusting, secure relationships with both parents is essential for a child’s short- and long-term adjustment.
Judges are split on whether overnight visits should occur sooner rather than later. There is case law and medical research supporting a decision on both sides of the issue. Ultimately, decisions are made on a case by case basis and based on the best interest of the child.
Regardless of the side you are on, you will need competent representation to further you and your child’s interests. Crystal Wright Law is available to help parents with strong parents today. Contact us at 404-594-2143 to schedule a free telephone consultation today.