One of the most recurring issues for a family law attorney is complaints about interference with custody and/or visitation. These can come in many different forms, and it's frustrating, not only to the parents on the receiving end of it, but for the attorneys involved as well.
First and foremost, if there is a court order in place, either a temporary order or a final order, both parties are required to comply with the terms of that order. So, you are not supposed to engage in retaliation. If there is an issue and you cannot agree, you need to follow the court order. If the two of you want to vary something, then that's okay as long as you both agree.
Interference with visitation can take many forms.
It could be simply one parent always showing up late to deliver the child so that the other parent is just sitting there wondering if the child is coming.
It could be actual alienation of the child. That is, one parent saying things about the other parent to the child or within the child's presence. Neither party should be engaged in that. It does not matter what kind of court order is in place, neither parent should be doing that.
One parent may be scheduling excessive extracurricular activities on the other parent's custodial time, thereby diminishing the time that they have with the child and the quality of the time that they have with the child.
Maybe one parent refuses to allow phone contact with the child while the child is with them.
There are a multitude of different ways that one parent can get at another parent, using the child during custody and visitation periods. Again, neither parent should be engaged in these things.
If there is a court order in place, then maybe contempt needs to be filed to stop the interference. If there is no order in place, then maybe you need your attorney to address it with the other attorney or the other party. Or maybe you need to go to court to get an order, either a temporary or a final order.
The main thing you should remember is that you don't want to engage in any kind of negative behavior while your child is present or even within hearing distance. If you can't amicably resolve this issue with the other parent, then seek the aid of an attorney. Don't engage in any negative behavior just because they are engaged in negative behavior.
Remember, neither party is entitled to restrict visitation because the other parent didn't pay child support.
I hope this helped, give you some things to think about with regard to custody and/or visitation interference. If you think it will help someone else, please share. If you would like more information about Georgia divorce and family law, please subscribe to my YouTube channel.
Nedra K. Howard
Nedra has represented clients in matters relating to divorce, separate maintenance, child custody and support, family violence protective orders, adoption, prenuptial agreements, business disputes and litigation, personal injury, property damage, and wills.
John B. MIller & Associates, P.C.
16 Eastbrook Bend, Suite 201
Peachtree City, GA 30269
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770 - 863 - 8355