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

26 LC 48 1640 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 Co de of Georgia Annotated,1 relating to general provisions relative to the juvenile code, so as to provide for the expedition2 of child custody and visitation modification hearings in certain circumstances; to provide for3 legislative findings; to provide for a definition; to provide for a rebuttable presumption that4 joint custody and equally shared parenting time is in the best interest of the child; to provide5 for notice; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic6 relations, so as to provide that denial of a court ordered visi tation or parenting time may7 result in modification of custody or parenting time, suspension or reduction of child support,8 or other sanctions; to provide for definitions; to establish pr ocedures and protections for9 enforcement; to provide for related matters; to provide for applicability; to repeal conflicting10 laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 The General Assembly finds that:14 (1) Children benefit from meaningful relationships with both parents whenever safe and15 appropriate;16 H. B. 1041 - 1 - 26 LC 48 1640 (2) Visitation and parenting time orders issued by courts of t his state are intended to17 provide such meaningful relationships, but are too often undermined by willful denial or18 interference by one parent;19 (3) Parents who comply with financial obligations but are denied access to their children20 suffer injustice, and children suffer loss of parental involvement;21 (4) Other states, including Tennessee, have recognized the imp ortance of maximizing22 each parent's participation in the child's life and requiring courts to consider violations23 of a visitation in custody determinations; and24 (5) Georgia should adopt clear statutory remedies to deter visitation interference, protect25 equal parental rights, and ensure child support obligations are paired with enforceable26 access to children.27 SECTION 2.28 Article 1 of Chapter 11 of Title 15 of the Official Code of Geo rgia Annotated, relating to29 general provisions relative to the juvenile code, is amended by adding a new Code section30 to read as follows:31 "15-11-26.1.32 (a) As used in this Code section, the term 'visitation denial' shall have the same meaning33 as set forth in Code Section 19-9-3.1.34 (b) The Council of Juvenile Court Judges of Georgia in partner ship with the superior35 courts shall establish expedited procedures for hearings on mot ions alleging visitation36 denial, and such expedited hearings shall be calendared within 30 days of filing.37 (c)(1) There shall be a rebuttable presumption that substantial, frequent, continuing, and38 meaningful contact with both parents is in the best interest of the child.39 (2) This presumption may be rebutted by evidence of abuse, neglect, substance abuse,40 abandonment, or other factors rendering such arrangement contrary to the best interest41 of the child.42 H. B. 1041 - 2 - 26 LC 48 1640 (d) There shall not be a modification of a custody agreement or suspension of an order of43 support under the provisions of this Code section without:44 (1) Notice to the custodial parent alleged to have denied visitation;45 (2) An opportunity for a hearing; and46 (3) Written findings of fact by the court.47 (e) Courts shall give priority to visitation denial petitions to minimize the disruption of48 parent-child relationships."49 SECTION 3.50 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is51 amended by adding two new subsections to Code Section 19-6-15, relating to child support52 guidelines for determining amount of award, continuation of duty of support, and duration53 of support, to read as follows:54 "(a.2) Notwithstanding any other provision of law, where a cour t finds that a custodial55 parent has willfully and repeatedly denied visitation as provided in Code Section 19-9-3.1:56 (1) The court may order temporary suspension or reduction of child support obligations57 during the period of noncompliance;58 (2) Child support shall resume upon compliance, but arrearages shall not accrue for the59 period of suspension unless the court so orders; and60 (3) Such suspension shall not exceed six months without further hearing.61 (a.3) Nothing in this Code section shall reduce the obligation of either parent to provide62 for the child's basic needs; provided, however, that suspension or reduction of child support63 is a remedy available when the custodial parent has acted in contempt of court by denying64 visitation."65 H. B. 1041 - 3 - 26 LC 48 1640 SECTION 4.66 Said title is further amended by adding a new Code section to Article 1 of Chapter 9, relating67 to general provisions relative to child custody proceedings, to read as follows:68 "19-9-3.1.69 (a) As used in this Code section, the term:70 (1) 'Just cause' includes circumstances where visitation is de nied due to emergency71 medical needs, imminent risk of harm, or other circumstances later found by the court to72 be reasonable.73 (2) 'Visitation denial' means a custodial parent's willful fai lure, without just cause, to74 permit court ordered visitation or parenting time.75 (b) Upon petition of an aggrieved parent, if the court finds b y clear and convincing76 evidence that visitation denial has occurred, the court shall:77 (1) Order make-up parenting time of comparable duration within 60 days;78 (2) Consider such denial as a substantial change in circumstan ces for purposes of79 modifying custody or parenting time, and may reassign residenti al custody or grant80 increased time to the aggrieved parent; and81 (3) Impose sanctions, including, but not limited to, attorney's fees, fines, or contempt.82 (c) Repeated or egregious visitation denial shall create a rebuttable presumption that it is83 in the best interest of the child to modify custody in favor of the aggrieved parent."84 SECTION 5.85 This Act shall apply to all custody and child support orders is sued or modified on or after86 July 1, 2026.87 SECTION 6.88 All laws and parts of laws in conflict with this Act are repealed.89 H. 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