A Georgia parenting plan normally sets out specific days and times, but a court can order otherwise, including “reasonable” visitation or another flexible arrangement, as long as it does not leave a parent with no real access to the child.
Flexible Visitation Is Allowed
The requirement that a parenting plan designate where the child spends each day of the year applies “[u]nless otherwise ordered by the court, or agreed upon by the parties.” OCGA 19-9-1(b)(2). Our post on whether a judge can reject a custody agreement covers the plan itself.
In Edwards v. Edwards, 237 Ga. 779 (1976), before parenting plans were required, the Georgia Supreme Court upheld an order letting a mother visit her daughter “at reasonable and convenient times and places.” A provision like that, the Court explained, “should be suitable in many divorces, but not in all.”
In Williams v. Williams, 301 Ga. 218 (2017), the Court found “no authority requiring the trial court to set specific dates and times in an award of visitation.” It rejected a mother’s argument that supervised visits twice a month at a church, with the days and times arranged with the church, effectively denied her visitation.
When Flexibility Fails
In Shook v. Shook, 242 Ga. 55 (1978), a father with “reasonable” visitation had been refused any visits for two years. The Georgia Supreme Court held that the trial court abused its discretion in “refusing to specify times, places and circumstances for visitation” once the parents could not agree.
Likewise, in Chandler v. Chandler, 261 Ga. 598 (1991), a mother could visit only “at such times and places and on such conditions as are agreed to in writing by the parties.” Because that effectively denied her any visitation, the Court reversed.
So when parents cannot cooperate, the court can be asked to set specific times. Supervised visitation, another alternative, is a separate subject.
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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!