Protecting Your Rights As A Parent During Contempt Proceedings

As Georgia family law lawyers, Marsh & Frost advises and represents many parents who are facing enforcement actions or even contempt of court for not keeping up with their child support payments. We aggressively protect their rights and help work out a solution that gets them back on track and out of legal trouble with the courts.

But issues related to custody, visitation rights and child support in Georgia cut both ways. When people hear the words "enforcement" or "contempt of court" in a Georgia family law matter, they usually think it applies only to fathers who fall behind on their child support payments.

Fathers also have the right to file court grievances against the mother if they are not allowed visitation rights in Georgia. Many don't know that they have equal access to the courts to enforce their parenting rights or modify their original court order to help them remain an important part of their child's life.

Enforcement And Contempt

Like in most states, parental time sharing (visitation rights) is not tied to whether or not the noncustodial parent is caught up with child support payments. The two are separate issues in the court order and the custodial parent has no right to take on the roll of enforcer.

If you have been denied visitation time according to your court order, you have the option of pursuing your rights through the courts. We will aggressively pursue an enforcement action that may result in contempt of court charges against the custodial parent or guardian of your child.

Parents may need to enforce their original agreement for various reasons, including:

  • Visitation rights denied because of missing child support payment(s)
  • Parenting time reduced because the custodial parent is consistently late delivering the child to the appointed location or not ready for pick up from the child's residence
  • New relationship with an inappropriate romantic partner
  • The custodial parent consistently demands changes to the original parenting schedule
  • Alienation of affection, in which the custodial parent instructs the child to accuse the noncustodial of abuse or neglect
  • The custodial parent fails to meet the health and welfare needs of the child, as per the court order

If the custodial parent of your child is denying your visitation time with your child — even if you are behind in your child support payments — call our Marietta office right away. You can contact Marsh & Frost to reach an attorney by calling 678-383-4953 or toll free at 866-920-4494.