What to Do If Your Co-Parent Is Not Following a Custody Order in Georgia

When a judge issues a custody or parenting order, both parents are expected to follow it. Unfortunately, that doesn’t always happen. Maybe your co-parent repeatedly ignores the parenting schedule, refuses to follow agreed-upon exchange times, or disregards another requirement of your court order. When it keeps happening, it’s understandable to be frustrated and wonder what you’re supposed to do next.

At Banks, Stubbs, & McFarland, we encourage clients to approach these situations carefully rather than immediately escalating the conflict. If the issue ultimately has to go back before a judge, having a clear record of what happened and how you tried to resolve it can make a significant difference.

Start by Documenting What Is Happening

The first step is simple: keep a record. Write down each violation, including when it happened and what part of the court order wasn’t followed. You can use a journal, notebook, calendar, or another method that allows you to consistently document what is happening.

Try to stick to the facts rather than writing out of frustration. The goal is to create an accurate timeline that you and your attorney can refer to later if the problem continues.

Put Your Concerns in Writing

The next step is to communicate with your co-parent about the violation. Whenever possible, do this in writing through a text message, email, or another documented form of communication.

Clearly explain what happened and what needs to change. Sometimes the issue can be resolved at this stage without involving attorneys or returning to court. Even if it isn’t resolved, written communication can help demonstrate that you made a reasonable effort to address the problem.

Know When It’s Time to Involve an Attorney

If your co-parent continues to disregard the order, it may be time to speak with a family law attorney. Your attorney can review the existing court order, evaluate the violations, and determine the best way to proceed.

In some situations, a formal letter from an attorney may be enough to correct the behavior. It also provides another opportunity to resolve the issue before asking the court to intervene.

If the violations continue despite those efforts, filing a motion for contempt may be the appropriate next step.

What Is Contempt of Court in a Custody Case?

A court order isn’t a suggestion. When someone willfully refuses to follow an existing order, the other party may ask the court to enforce it through a contempt proceeding.

At that point, the documentation you’ve kept can become especially important. A judge can see the violations themselves as well as the steps you took to try to resolve the problem before returning to court. Depending on the circumstances, the court may enforce the existing order, impose consequences for noncompliance, and consider whether attorney’s fees should be awarded.

Every case is different, so it’s important to speak with an attorney before assuming that a particular violation automatically amounts to contempt.

Focus on Enforcement, Not Escalation

When you’re repeatedly dealing with a co-parent who isn’t following a custody order, it’s easy for frustration to take over. But the goal shouldn’t be to create another fight. The goal is to make sure the court order is respected and your family’s existing arrangements are properly enforced.

Eric Tatum, Partner at Banks, Stubbs, & McFarland, encourages parents to document the problem, communicate clearly, and give the other parent an opportunity to correct the behavior before escalating the matter. If those efforts don’t work, having an experienced family law attorney involved can help you determine what should happen next.

If your co-parent isn’t following a custody or parenting order and you’re unsure how to respond, click the “Contact” tab at the top of our website to request a consultation with the family law attorneys at Banks, Stubbs, & McFarland. We’ll review your situation, explain your options, and help you determine the appropriate next step.

Written by Banks, Stubbs, & McFarland