On behalf of Perrotta, Lamb & Johnson, LLC posted in blog on Monday, September 4, 2017.
Courts base child custody and visitation on the best interests of the children involved. Whether you come to an agreement with the other parent or let the court decide, the court will provide an order that you must follow. This order includes details about when a kid should be with each parent.
Both parents must follow this order. Unfortunately, there are deadbeat parents who do not comply with child custody orders. But what exactly counts as a violation? Here are a few examples that might warrant legal enforcement.
1. Consistently missing visitation
Visitation plans are important for keeping each parent involved with children. Failing to show up for scheduled visitation or repeatedly arriving late is directly contrary to the best interests of the children. It is key that children know each parent cares enough to make a consistent effort to show up. Failing to fulfill this duty leaves a parent at risk of losing future visitation.
2. Refusing visitation
On the other hand, a parent who makes a kid unavailable for visitation times is violating the court order. For example, a parent may add activities to the child's schedule to interfere with scheduled visitation. When a parent refuses to let a child see the other parent during a designated visitation time, it could result in significant consequences.
3. Denying visitation because of no child support
The custodial parent may refuse to comply with visitation because he or she is not receiving child support payments from the noncustodial parent. These are two separate issues. You should take on enforcement of child support payments without using the children as pawns.
Dealing with any of these situations can be incredibly frustrating. If a parent violates a court order in any of these ways, he or she may have to make up visitation, pay a fine or even spend time in jail. If the interference is serious enough, it could even be a felony. Read Georgia child custody laws for more information.