Penalty for Violating Custody or Visitation Agreement in Georgia

In the State of Georgia, similar to other states, a court order for custody or visitation is a legal arrangement that is approved by a court. These orders typically provide non-custodial parents with the right to visit their child or have their child stay with them temporarily.

Violations of court orders for custody or visitation can have serious legal consequences. When a court order determines a custody arrangement, a violation of that order may result in contempt of court.

Additionally, a parent who violates a custody or visitation order can face criminal penalties, such as criminal fines or jail time. This occurs especially in cases where there have been repeated visitation or custody court order violations.

One of the most significant consequences a parent may face if they violate a visitation or custody order is loss of their parental rights. For example, a custodial parent may lose their child custody rights or may have their custody rights reduced.

To find out more about consequences of violating a child custody or visitation order in Georgia, it is important to schedule a legal consultation with a local attorney in Georgia.

What Are Some Examples of Child Custody or Visitation Order Violations?

There are numerous examples of the ways child custody or visitation orders can be violated in Georgia, especially depending on the requirements of each unique order.

A court may deem that any conduct which is not specifically authorized in the order is considered a violation. Common examples of situations that lead to violations of these types of orders include:

• Visiting too long with the child: When an order provides a specific time for visitations, not returning the child on time can be a violation.
• Not picking up or dropping off the child as agreed: When a visitation order sets a specific time and place to exchange the child, failing to follow the requirements may be a violation.
• Attempting to alter the visitation schedule without getting court approval: Trying to make changes to the order outside of court can be considered a violation.
• Allowing someone who is not authorized to pick up the child: When the order requires that only the non-custodial parent be permitted to pick up their child and that parent allows another individual to, it may be considered a violation.
• Attempting to contact or visit the child outside of the times outlined in the order: When the order provides specific times for contact or visitation, attempting to do either outside of those times can be a violation.
• Not allowing a parent visitation rights as outlined in the order: When a visitation order provides that a non-custodial parent is allowed to visit the child for a certain period, and the custodial parent denies those visits without having a valid reason, they may be violating the visitation order.

What Are Reasons To Revise a Child Custody or Visitation Order?

There are numerous reasons a parent may need to ask for a revision or change in their custody or visitation order, such as:

• A change in a parent’s work schedule
• A change in the child’s school schedule
• A parent needs to relocate
• A parent or child has health or medical issues
• There are safety concerns
• One parent not telling the other where the child is
• Not getting approval before taking the child on a long trip
• Taking the child outside of the state
  • This can also lead to federal legal issues

When a parent has an issue that they think requires a modification to their Georgia custody or visitation order, they should not take steps to resolve it without approval from the court. Their lawyer can file a petition on their behalf and the court will make a determination on the modification of the child custody or visitation as they do any child custody decision, following the child’s best interest standard.

What Can You Do if Your Child Custody or Visitation Order Was Violated?

When a Georgia child custody or visitation order is violated, the court will take it seriously. When a violation does occur, a parent should not try to handle it alone but should reach out to the proper authorities.

This may include the court or law enforcement, especially in cases where the child has been gone for a long period of time or seems to be missing. The non-violating parent should inform their lawyer and the court about the violations as soon as they realize it occurred.

It is important for non-custodial parents to understand that custodial parents cannot use slight deviations or mistakes against them in court. For example, if the order states they have to return their child at 5:00 p.m. and they do not arrive until 5:05 p.m., this is not likely to be considered a violation of the order.

How Can I Avoid a Child Custody or Visitation Dispute?

Although a Georgia child custody or visitation dispute can be serious, there are steps that parents can take to avoid disputes from arising. The most important step is making sure that the custody or visitation agreement is in writing and formally proved by the court, making it legally enforceable.

Sometimes, simply having the order in a legally enforceable form will serve to prevent violations from occurring. If, however, a dispute does come up about the terms of the custody or visitation order, a parent can seek a modification of their order.

This can serve to prevent a situation in which a parent tries to revise the agreement themselves or act outside of its terms. Any changes in terms should be approved by the court before they are implemented.

If a parent does not seek a modification when they need to, it may have a negative effect on their child, as the situation may become hostile or confusing between the parents. In some cases, it can even result in the child being placed in a dangerous situation.

In contrast, when changes are properly made through the court, the court can help to ensure the child’s best interests are maintained while accommodating the requests of the parents.

Should I Get a Family Law Attorney To Help With My Child Custody or Visitation Dispute?

When a Georgia parent has a child custody or visitation order dispute or question, it is important for them to consult with a Georgia child custody lawyer. These types of disputes may have consequences both for the parents as well as the child involved.

Your child custody lawyer will help you resolve your dispute by filing a modification petition in the proper court. If you agree with the child’s other parent on the necessary changes, your lawyer can submit an updated agreement for court approval.

Your attorney can provide guidance on the applicable Georgia laws as well as the consequences of any possible decisions you may be considering. You can use LegalMatch’s free and easy lawyer matching services in as little as 15 minutes by submitting your Georgia child custody question on the website.

After you submit your concern, you will get responses in around 24 hours from attorneys in Georgia who are licensed and pre-screened LegalMatch lawyers, meaning they are qualified to handle your case. These responses will include information about the lawyer’s background and education, fee arrangements, and reviews from former clients.