When Your Co-Parent Doesn’t Return the Kids on Time, Your Legal Options in Georgia

It’s a stressful situation no parent wants to face. Your child was supposed to be returned at 6 PM, but it’s 6:30, 7:00, maybe later. When this happens once, it’s frustrating. When it becomes a pattern, it’s a serious legal issue.
   
In Georgia, parenting time is a court order, not a suggestion. If your co-parent repeatedly fails to return your child on time, you have legal options to protect your parenting rights and your child’s routine.

Is It Just a Delay or a Violation? 
Occasional traffic delays happen. But if your co-parent consistently returns the children late, without communication or regard for the schedule, it may be considered a violation of your custody order.

Under Georgia law (O.C.G.A. § 19-9-30), interfering with custody or visitation, whether through denial or consistent disruption, can lead to serious legal consequences.

Step 1: Document Everything 
Before going to court, you need evidence. Start tracking: dates and times of late returns, communication attempts like texts, calls, or emails, your child’s emotional reaction, and any missed events, school attendance issues, or disruptions.

Using a parenting app like OurFamilyWizard, TalkingParents, or even a shared calendar can help keep things clear, time-stamped, and court-admissible.

Step 2: Know Your Legal Options 
If talking it out doesn’t work, you may need to take legal action.

Contempt of Court: If the co-parent is knowingly violating your parenting plan, the judge can find them in contempt. This may result in fines, makeup parenting time, attorney’s fees, or in extreme cases, jail time.

Custody Modification: If the lateness is part of a larger pattern of inconsistency or manipulation, you may be able to modify the custody order, especially if it’s harming the child’s well-being or stability.

Emergency Hearings: In rare but serious cases, such as refusal to return the child at all, you may request an emergency hearing to address custody enforcement immediately.

Step 3: Attempt Resolution First (When Safe) 
Not every situation requires court. Sometimes a direct, respectful conversation or a formal letter from your attorney can reset expectations.

Try reviewing the parenting plan together, requesting that all exchanges happen in a neutral, documented location, or proposing calendar reminders and automated check-ins. If you feel unsafe communicating directly, let your attorney handle all contact.

The Bigger Picture, Your Child’s Routine Matters 
Beyond legality, frequent delays can affect your child’s bedtime, meals, school preparation, sense of routine, emotional security, and their perception of boundaries and accountability. Judges care deeply about consistency and the child’s best interests. Showing that you’re prioritizing your child’s well-being, not just keeping score, strengthens your case.

Don’t Wait Until It Gets Worse 
Many parents wait too long before taking legal steps, hoping things will get better on their own. If your co-parent continues to ignore the custody order, you deserve support and protection.

Schedule a consultation with South Atlanta Family Law today by calling 404-494-0027 or visiting www.southatlantafamilylaw.com. Let’s protect your time with your child, because parenting time is a right, not a favor.

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