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GA HB1041

GA HB1041
Courts; expedition of child custody and visitation modification hearings in certain circumstances; provide


summary

Introduced
01/27/2026
In Committee
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the juvenile code, so as to provide for the expedition of child custody and visitation modification hearings in certain circumstances; to provide for legislative findings; to provide for a definition; to provide for a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child; to provide for notice; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that denial of a court ordered visitation or parenting time may result in modification of custody or parenting time, suspension or reduction of child support, or other sanctions; to provide for definitions; to establish procedures and protections for enforcement; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

AI Summary

This bill aims to expedite child custody and visitation modification hearings and strengthen enforcement of court-ordered parenting time. It establishes a rebuttable presumption that frequent and meaningful contact with both parents is in a child's best interest, unless there's evidence of abuse, neglect, or other harm. The bill defines "visitation denial" as a custodial parent's willful failure to allow court-ordered visitation without a valid reason, or "just cause," such as an emergency. If visitation denial is proven, courts must order make-up parenting time, consider modifying custody or parenting time in favor of the parent who was denied access, and can impose sanctions like attorney fees or fines. Furthermore, repeated or severe visitation denial can create a presumption that changing custody to the aggrieved parent is in the child's best interest. The bill also allows for the temporary suspension or reduction of child support obligations for up to six months if a custodial parent willfully denies visitation, though this does not negate the obligation to provide for the child's basic needs. These provisions will apply to custody and child support orders issued or modified on or after July 1, 2026.

Committee Categories

Justice

Sponsors (3)

Last Action

House Second Readers (on 01/29/2026)

bill text


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