Child Contact Rights After Divorce in Georgia

Divorce does not end a parent's bond with the child. One of the most common questions a separated parent asks is: what are my child contact rights after divorce, and what can I do if the other parent obstructs them. This article explains what Georgian law says and how such disputes are resolved in practice.

The principle of equal parental rights

Under the Civil Code of Georgia, parents have equal rights and obligations toward their child regardless of whether they are divorced or living apart (see Articles 1198 and 1202 of the Civil Code on parental rights and obligations). This means that a child living with one parent does not strip the other of the right to take part in the child's upbringing and to maintain contact.

Who the child lives with

The law sets no rule that the child automatically stays with the mother or the father. The place of residence is decided by the parents' agreement and, where there is none, by the court, with the child's best interests taking priority. The court weighs the child's age, attachment, familiar environment, and each parent's capacity and attitude.

The contact schedule: the law sets no fixed rule

Legislation does not prescribe a specific frequency of contact for the separated parent. The schedule is set either by the parents' agreement or individually by the court. The court considers:

the child's age and daily routine (nursery, school);
the child's attachment to each parent;
the relationship that existed before the dispute;
the child's wishes and opinion, according to age;
the distance between the parents' homes.

A schedule may cover weekdays, weekends, holidays and special occasions.

What if the other parent blocks contact

If the parent the child lives with unreasonably restricts contact, the other parent can apply to the court to set the order and schedule of contact. If the court decision is not complied with, enforcement mechanisms apply. A decision that runs against the child's interests can be changed if circumstances change.

How to resolve it amicably

1. A written agreement

The least painful route is a written agreement between the parents on the contact schedule. It reduces conflict and can be approved by the court.

2. Mediation

In a dispute, mediation helps parents reach a child-focused solution before going to court.

3. Court

If no agreement is reached, the court decides the matter based on an assessment of the child's interests.

Frequently asked questions

Can the child say which parent they want to live with?

The child's opinion is taken into account according to age and maturity, but it is not the only decisive factor — the court is ultimately guided by the child's best interests.

Does paying child support remove the right to contact?

Child support and the right to contact are separate matters. Paying support, or a dispute over it, does not automatically restrict contact with the child.

Conclusion

A separated parent has a legally protected right to take part in the child's upbringing and to maintain contact. Because the schedule is set individually, a well-prepared agreement or claim matters. For questions about child support, see our guide on the amount of alimony.

This article is general informational and SEO guidance, not legal advice. Every case is individual; for a specific solution consult a lawyer. — Legal.GE NewsMaker