Modification of Parenting Plan by a Third Party – Can a parenting plan be written where a third party can make a decision to terminate visitation or even the supervision of visitation – (Modification of Parenting Plan by a Third Party)? The answer is NO!
The Supreme Court of Georgia addressed this situation by partially reversing the parties final judgment in the parties’ divorce case, holding that the trial court improperly denied the father’s motion for new trial based on the incorporation of a parenting plan providing that the child’s therapist had the authority to determine the termination of supervision of the father’s overnight visitation with the child. Because the provision was a material change in visitation that allowed for an automatic change of the father’s visitation without judicial scrutiny into the child’s best interests, it constituted an invalid self-executing change of visitation that the trial court should not have included in the judgment and divorce decree.
Modification of Parenting Plan by a Third Party – Remember – only the court can change a parenting plan order and make a determination as to the child’s best interests as it relates to custody and visitation. In an uncontested divorce you should avoid having a third party determine if the parenting plan should change custody and/or visitation from what was already ordered by the Court.
For more information about this ruling see: Johnson v. Johnson S11F1856 (civil case) January 9, 2012 BENHAM, Justice. 12 FCDR 80 (01/13/12).
Modification of Parenting Plan by a Third Party. If you have questions about an uncontested divorce and/or creating a parenting plan that is in compliance with Georgia law – Contact the Remboldt Law Firm at 404-348-4081 for a FREE phone consultation.
If you are considering an uncontested divorce, you may find the UNCONTESTED DIVORCE WORKSHEET helpful in moving forward with an uncontested divorce and creating a Parenting Plan that is compliance with Georgia law. Also information about the Georgia Child Support Calculation can be found here.