Parenting plans, child custody arrangements, and visitation schedules are vital parts of healthy co-parenting strategies in the wake of a divorce, separation, breakup, or other situation. While the goal is for both parents to follow the terms of these agreements and the court orders, this does not always happen. If you are involved in a parenting plan, and the other person is not doing what they should be, Georgia law may empower you to file an enforcement action against them.
Instead of taking on this responsibility yourself, consider working with a Cherokee County child custody enforcement lawyer on our team. We have extensive experience guiding people through the new normal involved with co-parenting. Our compassionate and judgment-free child custody attorneys can provide targeted and timely support to help people move forward.
Official Code of Georgia Annotated § 19-9-1 outlines some of the requirements people need to follow when creating a parenting plan. These agreements provide a detailed structure for physical and legal custody as well as the visitation schedule. Physical custody is where the child stays on a regular basis, whereas legal custody refers to how the parents make important decisions about raising the child.
When putting together the parenting plan, both parties should consider the best interests of their children and the co-parent’s ability to follow the schedule. For example, if one parent travels for work for months at a time, it may not be appropriate for them to have sole physical custody.
The judge reviews the agreement to make sure it aligns with legal requirements and the child’s best interests and, if it does, enters an order requiring both parents to follow it. When a caregiver fails to comply with the court-ordered plan, a Cherokee County attorney can help the other person file a child custody enforcement action.
As situations change, modifying the parenting plan may be necessary to align with the child’s best interests under O.C.G.A. § 19-9-3. Co-parents may have to follow the process outlined in the original order to accomplish this. For example, if they choose to participate in arbitration, they may have to do so again to adjust the schedule.
Likewise, if the other parent refuses to do what they agreed to, filing an enforcement action in court may be appropriate. You can also contact the police and ask that they enforce the court order by intervening and getting the children from the other parent. Taking this step may be appropriate if, for example, the parent refuses to give the kids back or there is a safety risk to your children.
When someone does not follow or interferes with the parenting plan, it can greatly disrupt the children’s lives. Moreover, it can impact their ability to bond with their parents and have their needs met. Child custody enforcement attorneys in Cherokee County can help parents take the necessary steps to stabilize the situation to benefit the children and the parents.
If you have a parenting agreement and the other parent is not following it, filing an enforcement action may be the most effective way to resolve the situation. You can do this without a seasoned attorney, but you may find it helpful to work with one.
At the Atlanta Divorce Law Group, our firm has valuable experience championing the rights of children, individuals, and families at all stages of the family law process. Our background gives us a unique insight into how to develop workable solutions to many co-parenting struggles. Contact a Cherokee County child custody enforcement lawyer on our team to schedule a no-obligation consultation.