When parents in Georgia separate or divorce, the courts typically help advocate for the children. The creation of a shared custody arrangement is standard procedure when parents no longer live together.
They either reach an agreement by negotiating directly with one another or present information about the family to the courts so that a judge can decide the terms. Georgia custody orders usually address both time with the children and the authority to make decisions about their upbringing. Most parents carefully adhere to the rules established in a custody order. Some parents do the opposite and try to undermine the custody arrangements intentionally.
What can frustrated parents do when the parent with whom they share custody does not follow their custody order?
Keep records of custody violations
The first step in any custody enforcement scenario is to establish that a violation actually occurred. Parents can do that by documenting violations of the custody order. Denied parenting sessions, declined communication attempts and decisions made without a co-parent’s input can all potentially be concerning violations of a shared custody order. Parents need to record all of the relevant details about those violations so that they can convince the courts what has happened.
Attempt to resolve the matter amicably
With exceptions for high conflict cases where parents do not communicate directly, it is often better to try to resolve the matter through direct, polite communication than to immediately take the matter back to court. Communicating with a co-parent about denied parenting sessions or a lack of input on key decisions can lead to improved behavior and possibly make-up parenting time. In scenarios where the parent violating the custody order does not remedy the situation, it may then be necessary to go back to family court.
Ask a judge for enforcement or a modification
When one parent has refused to uphold a custody order, a judge might view that as contempt of court. They could warn or punish the parent who violated the custody order. They might authorize make-up parenting time or reverse a prior decision made by one parent without the input of the other. In some cases, judges might modify custody orders because they view one parent’s conduct as an indicator that they cannot put the best interests of the children above their own wishes.
Parents should not have to accept frequent, flagrant violations of their custody arrangements. Going back to family court is sometimes necessary to properly remedy situations involving a parent who does not uphold a custody order.