Georgia parenting plan enforcement is a crucial part of protecting your parental rights and ensuring your child’s stability after divorce or separation. When one parent disregards the court-ordered plan, it’s more than just an inconvenience; it’s a violation of a legal order that can disrupt a child’s routine and emotional well-being.
In Georgia, a parenting plan is a court-ordered document, meaning it is legally enforceable. Here’s what you should know – and the steps you can take – if the other parent isn’t following the plan.
1. Document Every Custody Order Violation
Before taking action, keep a clear record of each violation:
- Missed visitation or custody exchanges.
- Late pick-ups or drop-offs.
- Denied communication (calls, emails, or texts).
- Interference with school, extracurriculars, or medical decisions.
Tip: Use a parenting app like OurFamilyWizard. These tools timestamp conversations and provide admissible records in court.
2. Communicate with your Ex Calmly and Clearly
Sometimes, misunderstandings – not malice – cause issues. Try:
- Politely reminding your ex of the parenting plan terms.
- Keeping messages brief, factual, and child-focused.
- Offering reasonable flexibility for genuine emergencies.
Even if your ex refuses to cooperate, your respectful communication creates a record that may help you later in court.
3. Georgia Mediation as a First Step
In Georgia, many judges encourage mediation before returning to court. Mediation gives both parents a chance to resolve disputes with the help of a neutral professional. It’s often faster and less expensive than filing a contempt action.
4. File a Motion for Contempt for Violating the Parenting Plan
If violations continue, you can ask the court to enforce the order through a Motion for Contempt. In Georgia:
- The judge may order makeup parenting time.
- The violating parent could face penalties, attorney’s fees, or even jail time (typically after multiple findings of contempt) for willful disobedience.
- The court can also modify the parenting plan if repeated violations show the plan isn’t working in the child’s best interest.
5. Consider a Custody Modification
If your ex’s repeated noncompliance harms your child’s stability, you may have grounds to request a custody modification. Georgia law allows you to modify a custody order when there’s been a material change in circumstances that affects the child’s welfare.
Examples include:
- Consistently refusing to follow the schedule.
- Interfering with the child’s relationship with the other parent.
- Creating instability in the child’s schooling or medical care.
6. Keep the Focus on Your Child
It’s tempting to view parenting plan violations as personal attacks. But judges always look at the child’s best interests. Stay calm, document carefully, and let the legal system handle the parenting plan enforcement rather than engaging in retaliation.
Enforce Your Georgia Parenting Plan With Confidence
When an ex refuses to follow the parenting plan, it can feel frustrating and unfair. But you are not powerless. By documenting violations, seeking mediation, or filing for contempt, you can protect your child’s stability and enforce your rights.
At HS Family Law, we regularly help parents in Georgia enforce or modify custody and parenting plans. If you’re struggling with a non-compliant co-parent, contact us today to schedule a consultation.
