HB 1041: 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-track options to get relief, and child support is generally treated separately from visitation compliance. This bill links the two. It creates a new juvenile code section (O.C.G.A. § 15-11-26.1) requiring the Council of Juvenile Court Judges and superior courts to set up expedited hearing procedures for visitation denial motions, calendared within 30 days, and sets a rebuttable presumption that frequent contact with both parents is in a child's best interest. It also adds a new Code section (O.C.G.A. § 19-9-3.1) defining 'visitation denial' and 'just cause,' and letting judges order make-up parenting time, treat repeated denial as grounds to modify custody, and impose sanctions like fines or attorney's fees. A companion change to child support law (O.C.G.A. § 19-6-15) allows temporary suspension or reduction of child support, capped at six months without a further hearing, when a custodial parent willfully denies visitation. The changes would apply to custody and child support orders issued or modified on or after July 1, 2026.

• Creates a new Code section requiring expedited hearings, calendared within 30 days, for motions alleging a parent denied court-ordered visitation.
• Establishes a rebuttable presumption that frequent, meaningful contact with both parents is in a child's best interest, which can be overcome by evidence of abuse, neglect, or similar factors.
• Defines 'visitation denial' and 'just cause' in a new Code section (O.C.G.A. § 19-9-3.1) and lets courts order make-up parenting time within 60 days of a finding of denial.
• Allows repeated or egregious visitation denial to trigger a rebuttable presumption favoring modifying custody toward the parent who was denied access.
• Permits courts to temporarily suspend or reduce child support for up to six months when a custodial parent willfully and repeatedly denies visitation, resuming support once the parent complies.
• 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, especially custodial parents accused of denying visitation and noncustodial parents seeking to enforce parenting time orders. It also affects juvenile and superior court judges, the Council of Juvenile Court Judges of Georgia, and children whose custody or support arrangements are at issue.

Parents denied court-ordered visitation would gain a faster path to a hearing and new remedies, including make-up time, custody changes, and reduced child support obligations for the other parent. Custodial parents accused of denial would face possible loss of support payments or custody, changing the practical stakes of visitation disputes.

• Section 2 adds O.C.G.A. § 15-11-26.1, requiring expedited hearings within 30 days on visitation denial motions and setting a rebuttable presumption favoring frequent contact with both parents.
• Section 2 requires notice to the accused custodial parent, a hearing opportunity, and written findings before any custody modification or support suspension.
• Section 3 amends O.C.G.A. § 19-6-15 to let courts suspend or reduce child support during proven visitation denial, capping suspension at six months without further hearing and preventing arrearage accrual unless ordered otherwise.
• Section 4 adds O.C.G.A. § 19-9-3.1, defining 'visitation denial' and 'just cause,' and authorizing make-up parenting time, custody modification, and sanctions such as attorney's fees or contempt findings.
• Section 4 creates a rebuttable presumption favoring custody modification toward the aggrieved parent when visitation denial is repeated or egregious.
• Section 5 makes the Act apply to custody and child support orders issued or modified on or after July 1, 2026.

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

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

• child custody
• visitation rights
• child support
• family court
• divorce law