What If My Co-Parent Isn’t Following the Custody Order?

Your Legal Options When Someone’s in Contempt

Sharing custody of your children after a separation or divorce isn’t always easy—but it’s especially difficult when one parent starts disregarding the court order. Whether they’re constantly late, withholding visitation, or flat-out ignoring the terms of your agreement, it’s not just frustrating—it’s a legal issue.

So, what can you do when your co-parent isn’t following the custody order? Let’s break down your rights and options under Georgia law.

What Counts as Violating a Custody Order?

Georgia courts take custody orders seriously. When one parent fails to follow the agreed-upon schedule, it’s considered a violation—and in many cases, grounds for contempt of court.

Common violations include:

• Denying scheduled visitation or parenting time
• Refusing to return the child on time
• Making major decisions without joint consent (when joint legal custody is in place)
• Failing to communicate about the child’s well-being as required

Even subtle patterns—like frequent “miscommunications” or last-minute cancellations—can signal a larger issue of noncompliance.

What Is Contempt of Court?

When someone disobeys a court order, they can be found in contempt. This is a legal finding that can carry serious consequences, including:

• Fines
• Attorney’s fees
• Make-up parenting time
• Jail time in extreme cases

Before filing for contempt, it’s important to document each violation clearly—dates, missed visits, messages, and any proof of refusal. The court needs to see a pattern, not just a one-time mishap.

When Should You Take Legal Action?

If attempts to communicate or mediate with your co-parent haven’t worked, legal action may be necessary—especially if the violations are consistent or escalating.

Filing for contempt sends a clear message: The custody order is not optional. It’s enforceable, and your rights matter.

This is where working with a family law attorney becomes essential. At South Atlanta Family Law, we help parents build strong cases with the documentation and legal insight needed to stand up in court.

What If You’re Being Accused of Contempt?

On the flip side, if your co-parent claims you are the one violating the order, take it seriously.

• Review the terms of your custody arrangement carefully.
• If you believe the order is unclear, outdated, or no longer in the child’s best interest, you may need to seek a modification—not ignore it.

We always recommend speaking with an attorney before the situation escalates. A calm, informed response can go a long way in resolving conflict—and protecting your relationship with your child.

Tips to Stay on Track (and Keep Records)

• Use parenting apps like OurFamilyWizard, TalkingParents, or AppClose to log communication and exchanges.
• Stick to the court-ordered schedule—even when it’s inconvenient.
• Keep all texts, emails, and logs of violations or disputes.

This kind of consistency helps build credibility—whether you’re defending yourself or holding the other parent accountable.

Final Thoughts

Custody orders are there to protect the child—and uphold both parents’ rights. When your co-parent doesn’t take the agreement seriously, you don’t have to tolerate it.

You deserve a parenting plan that’s honored—and a partner who plays by the same rules.

If you believe your co-parent is violating your custody order, let’s talk through your options. Whether it’s enforcing the order, filing for contempt, or requesting a modification, we’re here to advocate for your family’s best interest.

Call us today at 404-494-0027 or visit www.southatlantafamilylaw.com to schedule a consultation.

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