Cumming Child Custody Enforcement Lawyer

Co-parenting between households can be difficult. Child custody orders through Georgia’s family courts can help define specific roles and responsibilities for each parent to eliminate some complications and hold parents accountable for the arrangements their child needs.

But if your co-parent is not following the terms of your parenting plan, you may need to go back to court to have the issues addressed. A local Cumming child custody enforcement lawyer can help you navigate these procedures so that you and your family can have the best outcome. Reach out to our trusted child custody attorneys to learn more about how we can assist you.

Georgia Child Custody Enforcement Laws

Family law is generally state-specific. When it comes to issues of child custody enforcement, however, state laws must also conform to applicable federal laws, such as The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA).

When a custody order is issued, it is legally binding, and penalties may apply if a parent violates the order, including fines, parenting classes, or potentially even jail time for severe infractions.

Family courts in Georgia may require parents to present a parenting plan during the drafting or modification of a custody agreement, pursuant to O.C.G.A. § 19-9-1. Such plans might include visitation schedules (including holidays), how the child will travel from one parent to the other, and whether any limitations should be placed on custody and visitation, such as requiring supervised visits with a non-custodial parent.

Determining the Child’s Best Interests

Family courts make custody decisions based on the child’s best interest. If both parents cannot agree on a custody arrangement, they will need to prove to the court that their proposed custody plan is the one best for their child. Per O.C.G.A § 19-9-3, considerations that may help determine the child’s best interest include:

• The parents’ knowledge and understanding of what their child needs;
• The child’s relationship with their parents and other family members;
• Depending on the child’s age, their own preferences.

A knowledgeable child custody attorney in Georgia can help parents navigate their local courts in accordance with both state and federal laws to maintain compliance and provide what is best for their children.

Changing and Enforcing Child Custody Arrangements

When problems arise in a child custody agreement, a parent cannot make unilateral decisions to change plans. Parents need the family court to adjust the order so they can stay in compliance with the law.

For instance, if a non-custodial parent stops paying court-ordered child support, the custodial parent cannot retaliate by withholding visitation if the judge mandates a visitation schedule. The custodial parent must follow the current child custody order and bring the other parent back to court for help enforcing child support and if need be, adjusting the custody agreement.

O.C.G.A. § 19-9-3 further explains processes for child custody modifications. The “child’s best interest” standard will still apply. A parent who wants to change the custody order must petition the Georgia courts for the change and will likely need to attend another hearing with the judge.

Modification Requires a Change in Circumstances

With some exceptions, modifications generally require a parent to show that a significant change in circumstances makes the modification necessary. If a parent wants to move to another state, for example, they may want the custody agreement changed to allow the child to move with them or to adjust the terms of visit transportation.

Showing sufficient cause for a custody modification and subsequent enforcement is often more accessible with the help of an experienced Cumming attorney who knows what the family courts will be looking for.

Speak With a Cumming Child Custody Enforcement Attorney

If you are concerned about your child custody agreement, how it is being enforced, or if it needs modifications, you want to ensure you have someone on your side who knows what federal and state law requires. Working with an experienced Cumming child custody enforcement lawyer can help you understand your options and give you the best chance of getting the results you and your family need. Contact our firm today to get started.