House Bill 1041
By: Representatives Scott of the 76th, Davis of the 87th, and Schofield of the 63rd
A BILL TO BE ENTITLED
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that:
(1) Children benefit from meaningful relationships with both parents whenever safe and
appropriate;
(2) Visitation and parenting time orders issued by courts of this state are intended to
provide such meaningful relationships, but are too often undermined by willful denial or
interference by one parent;
(3) Parents who comply with financial obligations but are denied access to their children
suffer injustice, and children suffer loss of parental involvement;
(4) Other states, including Tennessee, have recognized the importance of maximizing
each parent's participation in the child's life and requiring courts to consider violations
of a visitation in custody determinations; and
(5) Georgia should adopt clear statutory remedies to deter visitation interference, protect
equal parental rights, and ensure child support obligations are paired with enforceable
access to children.
SECTION 2.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to
general provisions relative to the juvenile code, is amended by adding a new Code section
to read as follows:
<ins>"15-11-26.1.
(a) As used in this Code section, the term 'visitation denial' shall have the same meaning
as set forth in Code Section 19-9-3.1.
(b) The Council of Juvenile Court Judges of Georgia in partnership with the superior
courts shall establish expedited procedures for hearings on motions alleging visitation
denial, and such expedited hearings shall be calendared within 30 days of filing.
(c)(1) There shall be a rebuttable presumption that substantial, frequent, continuing, and
meaningful contact with both parents is in the best interest of the child.
(2) This presumption may be rebutted by evidence of abuse, neglect, substance abuse,
abandonment, or other factors rendering such arrangement contrary to the best interest
of the child.
</ins>
<ins>(d) There shall not be a modification of a custody agreement or suspension of an order of
support under the provisions of this Code section without:
(1) Notice to the custodial parent alleged to have denied visitation;
(2) An opportunity for a hearing; and
(3) Written findings of fact by the court.
(e) Courts shall give priority to visitation denial petitions to minimize the disruption of
parent-child relationships."
</ins> SECTION 3.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by adding two new subsections to Code Section 19-6-15, relating to child support
guidelines for determining amount of award, continuation of duty of support, and duration
of support, to read as follows:
<ins>"(a.2) Notwithstanding any other provision of law, where a court finds that a custodial
parent has willfully and repeatedly denied visitation as provided in Code Section 19-9-3.1:
(1) The court may order temporary suspension or reduction of child support obligations
during the period of noncompliance;
(2) Child support shall resume upon compliance, but arrearages shall not accrue for the
period of suspension unless the court so orders; and
(3) Such suspension shall not exceed six months without further hearing.
(a.3) Nothing in this Code section shall reduce the obligation of either parent to provide
for the child's basic needs; provided, however, that suspension or reduction of child support
is a remedy available when the custodial parent has acted in contempt of court by denying
visitation."
</ins>
SECTION 4.
Said title is further amended by adding a new Code section to Article 1 of Chapter 9, relating
to general provisions relative to child custody proceedings, to read as follows:
<ins>"19-9-3.1.
(a) As used in this Code section, the term:
(1) 'Just cause' includes circumstances where visitation is denied due to emergency
medical needs, imminent risk of harm, or other circumstances later found by the court to
be reasonable.
(2) 'Visitation denial' means a custodial parent's willful failure, without just cause, to
permit court ordered visitation or parenting time.
(b) Upon petition of an aggrieved parent, if the court finds by clear and convincing
evidence that visitation denial has occurred, the court shall:
(1) Order make-up parenting time of comparable duration within 60 days;
(2) Consider such denial as a substantial change in circumstances for purposes of
modifying custody or parenting time, and may reassign residential custody or grant
increased time to the aggrieved parent; and
(3) Impose sanctions, including, but not limited to, attorney's fees, fines, or contempt.
(c) Repeated or egregious visitation denial shall create a rebuttable presumption that it is
in the best interest of the child to modify custody in favor of the aggrieved parent."
</ins> SECTION 5.
This Act shall apply to all custody and child support orders issued or modified on or after
July 1, 2026.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.