A custody or visitation order is only useful when both parents follow the provisions in it. If one parent repeatedly violates the order, the other parent can be left feeling frustrated. Georgia law gives parents a way to enforce the order through the court system. Violating a custody order in Georgia can result in serious civil and criminal contempt of court consequences. Before you retaliate, understand what the law actually allows.

Key Takeaways

• A parent can enforce their custody or visitation order by filing a motion with the court.
• Parents who willfully ignore custody or visitation orders can be held in contempt of court.
• Penalties can include fines, payment of the other parent's attorney's fees, and in some cases confinement until the violating parent complies.
• Extreme cases of violating a custody order in Georgia can bring criminal contempt that can also add up to 20 days in jail.
• Repeated or serious violations can also give the other parent grounds to ask the court to modify custody or visitation.

Georgia's Contempt Process for Custody Violations

If you're considering a contempt action, saying that the other parent "never follows the custody order" isn't enough. The fact that a violation occurred does not necessarily mean the parent should be held in contempt. The circumstances surrounding the violation matter, including whether the parent had the ability to comply and whether the failure to comply was intentional.

A child getting sick, an emergency, or another legitimate problem may explain an isolated violation, particularly when the parent communicates about it and makes a reasonable effort to address the situation. A pattern of ignoring the order is a different matter.

A parent seeking to enforce their parenting plan generally does so by filing a motion for contempt with the court that issued the custody or visitation order. The motion should outline which terms were violated. It should explain the violating parent’s specific conduct that supports the contempt request.

The parent filing for contempt based on the other parent’s violating a custody order should be prepared to show exactly what happened. Keeping a record of missed visits, late exchanges, messages, and other violations can provide useful evidence. The more specific the documentation, the easier it may be for the court to determine whether the violations actually occurred and whether they were intentional.

What Penalties a Parent Can Face for Violating a Custody Order

Understanding Georgia custody contempt penalties can help you know what to expect if the matter goes before a judge. A parent refusing to comply with the parenting plan could face:

• Fines
• Attorney fees and court costs
• Make-up parenting time
• Modifications to the custody or visitation schedule
• Jail time

A parenting plan becomes enforceable as a court order when it is approved and adopted by the court as part of the custody order/judgment. The parenting plan generally outlines the practical details. It covers parenting time, visitation schedule, holidays, and transportation. There are consequences for willfully violating a custody order in Georgia. When you refuse to comply with a court order, it’s called being in contempt of court.

Importantly, there is both a civil and criminal side to violating the parenting plan. Civilly, a parent can hold the other parent accountable by filing with the court. The goal is to encourage both parents to comply with the parenting plan. Depending on the circumstances, the court may impose remedies such as fines, attorney's fees, or makeup parenting time. However, under O.C.G.A. § 19-9-3, repeated violations can result in the court modifying the custody or visitation terms themselves.

Criminally, a parent may face contempt charges for repeatedly violating a custody or visitation order. Under O.C.G.A. § 15-6-8, a parent could face fines of up to $1,000, 20 days in jail, or both. Jail time is uncommon for a first violation. Courts more typically start by ordering compliance and warning of stiffer penalties if it continues.

When a Custody Violation Becomes a Criminal Matter in Georgia

A missed visitation or late exchange, by itself, does not automatically constitute interference with custody. Under O.C.G.A. § 16-5-45, intentionally taking a child from a lawful custodian or keeping the child beyond an authorized visitation period can be a criminal offense. A first offense is generally a misdemeanor. A conviction can result in a fine of at least $200 but not more than $500. Repeated violations can escalate the charges to a felony. Taking the child outside Georgia without the required authority can also lead to felony charges.

What to Do, and Not Do, If the Other Parent Violates the Order

It’s frustrating when the other parent refuses to follow the laid-out rules. It can be tempting to retaliate with your own self-help methods. Do not withhold child support because the other parent violated the custody order. Child support and parenting time are separate legal obligations. Withholding support can create legal problems for you while also not resolving the custody violation. Retaliating can undermine your own credibility and make it more difficult to hold the other parent accountable. Depending on your methods, it can also bring your own penalties.

Start by communicating with the other parent. If this isn’t effective, mediation can also be useful. Take these steps if the other parent repeatedly violates the custody order.

• Record dates, times, missed visits, late exchanges, and other violations.
• Keep texts, emails, and other messages that show what the other parent said or agreed to.
• Continue complying with your own parenting time and other obligations.
• Communicate in writing when possible.
• Talk with an attorney.

In some situations, contacting law enforcement may be appropriate. This may happen when there is a safety risk to the child. It may also be necessary if the other parent refuses to return the child or allow any communication between parent and child. Every situation is different. It’s important to evaluate the situation and avoid allowing emotions to control decision-making. Another option may be asking the court for emergency relief.

Contact an Experienced Georgia Family Law Attorney

A custody order is meant to provide consistency for both parents and, most importantly, the child. When one parent is repeatedly violating a custody order in Georgia, addressing the problem through the proper legal process can help restore that stability. If you're dealing with repeated custody or visitation violations in Georgia, NVP Family Law can help you understand your options. Schedule a consultation online or call 404-333-8682 to discuss your situation with an attorney.