Marietta Child Custody Enforcement Lawyer
One of the more difficult aspects of divorce can be developing a parenting plan. For some parents, reaching an agreement regarding their minor children is impossible without court intervention. Even then, there are times when parents will stray from the terms of this agreement or intentionally breach an order of the court.
If you find yourself in this situation, there are ways our experienced family attorneys can help you enforce the terms of the child custody agreement. Our team can help review your options and determine the appropriate response. Instead of waiting for the issue to resolve on its own, let a Marietta child custody enforcement lawyer help.
Examples of Custody Order Violations
There are many situations that could be considered a violation of a child custody agreement. Any time these agreements are violated, a parent and their Marietta custody enforcement attorney have options. Some of the more common examples of custody order violations include:
- Failing to show up for visitation;
- Failing to pick up a child on time;
- Not attending to a child’s needs or schedule;
- Intentionally disrupting the other parent’s time with a child;
- Not returning a child to the other parent at the scheduled time;
- Taking a child out of the country or state without permission.
Custody violations violate the other parent’s rights and can impact a child’s well-being and, in some instances, even jeopardize their safety. Depending on how often a particular violation occurs or how serious the offense is, a parent could face various consequences, including losing parenting time.
Contempt of Court for Custody Violations
The strongest tool available to a parent in a custody enforcement dispute is contempt of court proceedings. Initiating contempt of court proceedings starts with one parent filing a pleading with the Georgia family courts that details the breach of the custody agreement. This could be anything from a parent failing to pick up the child on time to refusing to return the child after a visit.
The court has different tools to enforce the terms of the child custody agreement. This starts with levying fines or even incarceration against the noncompliant parent. In more serious cases, a contempt of court hearing may lead the judge to change the underlying child support order.
A finding of contempt of court requires evidence that the parent willfully violated the terms of the agreement. In other words, this requires a parent to have the capacity to comply with the order but refuse to do so. Proving this can be difficult without the help of a Marietta custody enforcement attorney.
The Role of Mediation in Custody Enforcement Disputes
While parents have the right to ask Georgia courts to intervene in these disputes, many judges will ask the parties to first attempt to resolve the issue through mediation. Each case is different, and mediation is not a viable option when the child’s health or safety is in danger.
However, mediation can be a valuable tool in some custody disputes. It is possible for a dispute to result from a misunderstanding or minor disagreement. Often, mediation allows the parents to find common ground and reach a resolution without the need for the judge to intervene further. A child custody enforcement attorney in Marietta can help with this type of resolution.
Contact a Marietta Child Custody Enforcement Attorney Today
Child custody disputes can be difficult, especially when one parent refuses to comply with a court order. While these issues can sometimes be resolved amicably, there are cases where litigation becomes necessary. Let a Marietta child custody enforcement lawyer from our firm help you understand your rights and responsibilities under the law.
