In Georgia, a child’s refusal to visit does not by itself put the custodial parent in contempt, but leaving the decision to a child under 14 can count as withholding visitation.
What the Law Looks For
Visits come from the parenting plan; see our post on whether a judge can reject a custody agreement. In deciding custody, a judge may weigh each parent’s willingness “to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.” OCGA 19-9-3(a)(3)(N).
Refusal Alone Is Not Contempt
In Doritis v. Doritis, 294 Ga. 421 (2014), where the decree left a 17-year-old’s visits to her and her father’s agreement, the Georgia Supreme Court explained that her unwillingness to visit “does not, by itself, demand the conclusion” that her mother is in contempt.
In Wall v. James, 358 Ga. App. 121 (2021), a 15-year-old stopped answering her father’s calls. Her mother had told her to call him. The Court of Appeals reversed a contempt finding: the cause was the daughter’s own decision, “which contravened Wall’s encouragement that she speak with her father.”
Not Insisting Can Count Against You
In Avren v. Garten, 289 Ga. 186 (2011), a mother testified that her son did not want to visit his father and “she did not insist that he do so.” The Georgia Supreme Court repeated that the desires of a child under 14 not to visit are “not sufficient to deny the noncustodial parent his or her rights of visitation.” Because she was withholding visitation, OCGA 19-9-24(b) barred her petitions for contempt and to change custody and visitation.
The Child Cannot Be Jailed
In Hannah v. Puckett, 242 Ga. 688 (1978), a trial court ordered two teenage sons jailed for refusing to visit. The Georgia Supreme Court held that “a trial court cannot jail children for refusing to visit their father.”
Our post on whether a child can choose which parent to live with covers the separate right of a child 14 or older.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!