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

Under current Georgia law, a parent who is denied court-ordered visitation has limited fast options to fix it, even while still owing child support. This bill would add a new section to the juvenile code requiring the Council of Juvenile Court Judges of Georgia and the superior courts to set up expedited hearings, calendared within 30 days, for claims that a custodial parent denied visitation. It creates a rebuttable presumption that frequent contact with both parents is in a child's best interest, unless rebutted by evidence like abuse or neglect. The bill also adds provisions to Georgia's domestic relations law (O.C.G.A. Title 19) letting courts suspend or reduce child support for up to six months when a custodial parent willfully and repeatedly denies visitation, order make-up parenting time within 60 days, treat denial as grounds to modify custody, and impose sanctions such as attorney's fees or contempt findings. It would apply to custody and child support orders issued or modified on or after July 1, 2026.

• Requires Georgia's juvenile and superior courts to create expedited hearing procedures for visitation denial claims, calendared within 30 days of filing.
• Establishes a rebuttable presumption that substantial, frequent contact with both parents is in a child's best interest, which can be overcome by evidence of abuse, neglect, or similar factors.
• Allows courts to suspend or reduce child support for up to six months when a custodial parent willfully and repeatedly denies court-ordered visitation, without allowing arrearages to accrue during that period.
• Lets courts order make-up parenting time within 60 days and treat proven visitation denial as a substantial change in circumstances that can justify modifying custody.
• Authorizes sanctions for visitation denial, including attorney's fees, fines, or contempt, and creates a presumption favoring custody modification for repeated or egregious denial.
• Requires notice, a hearing opportunity, and written findings of fact before any custody modification or support suspension can occur under the new provisions.

Divorced or separated parents involved in custody and visitation disputes, particularly noncustodial parents seeking enforcement of visitation orders and custodial parents accused of denying it; juvenile and superior court judges; and children whose custody or support arrangements are affected by these proceedings.

Parents denied court-ordered visitation would gain a faster path to relief, including possible custody changes and reduced child support, while custodial parents could face financial and legal consequences for denying visitation without just cause. Courts statewide would need new expedited procedures for these cases.

• Section 2 adds Code Section 15-11-26.1, requiring expedited visitation denial hearings within 30 days and creating a rebuttable presumption favoring frequent contact with both parents, rebuttable by evidence of abuse, neglect, or abandonment.
• Section 2 requires notice, a hearing opportunity, and written findings before any custody modification or support suspension under this section.
• Section 3 amends O.C.G.A. § 19-6-15 to let courts suspend or reduce child support for up to six months for willful, repeated visitation denial, with no arrearage accrual during suspension unless the court orders otherwise.
• Section 4 creates new O.C.G.A. § 19-9-3.1, defining 'visitation denial' and 'just cause,' and requiring courts to order make-up parenting time within 60 days, consider custody modification, and impose sanctions upon clear and convincing evidence of denial.
• Section 4 creates a rebuttable presumption favoring custody modification in favor of the aggrieved parent for repeated or egregious visitation denial.
• Section 5 applies the Act to custody and child support orders issued or modified on or after July 1, 2026.
• Section 6 repeals conflicting laws.

1. 2026-01-29House Second Readers (House)
2. 2026-01-28House First Readers (House)
3. 2026-01-27House Hopper (House)

• Sandra Scott (D, HD-076)Primary sponsor
• Viola Davis (D, HD-087)
• Kim Schofield (D, HD-063)

• child custody
• visitation rights
• child support
• family law
• juvenile courts