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If non-custodial parent does not visit with child, can “legal custody” be changed; as in “abandonment”?

Question by staley82002 : If non-custodial parent does not visit with child, can “legal custody” be changed; as in “abandonment”? We share “legal custody.” I have “physical custody” of my son. The father DOES NOT visit with his son. Now it’s been over six months. Is there an abandonment law in place that I could utilize to change the custody to me having “100% legal/physical custody” of our son, with him still having visitation (which he does not utilize)? Is there an abandonment law in Georgia? Best answer:

Answer by Retired
Not if he’s current on his child support. Lighten up.

Give your answer to this question below!


3 Responses to “If non-custodial parent does not visit with child, can “legal custody” be changed; as in “abandonment”?”

  1. reesecup says:


    I don’t know about GA but in KY it is 90 days.

  2. duh says:


    First, if he is paying child support, he has not abandoned the child.

    In Georgia, legal custody is primarily the ability to make decisions about the child’s upbringing (i.e. education, religion, etc.). It does not relate to visitation.

    You can have the custody changed for you to have full legal and physical custody based on the changed circumstances of his lack of involvement, but it will be a waste of time unless the father has opinions about the child’s upbringing that you are extremely opposed to.

  3. working mom of 3 says:


    Good Lord, honey, lighten up. He hasn’t seen him in six whole months?!? My husband’s ex hasn’t gotten the kids for visitation in over three years. As to you have 100% legal and physical custody, or sole custody in legal terms, it’s just a term – you have the kid(s), so what is the big deal? If he isn’t paying support, go to the local child support enforcement office at the courthouse.

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