Denial of Visitation: How Do I Get to See My Children?
When a Georgia court issues an order about parenting time or visitation, both parent are required to follow it. Since it is a court order, there can be serious repercussions if a parent doesn’t follow the plan or order. One such consequence is that the court may find you in contempt of court for failing to follow a court order. If a court rules that you are in contempt of court, you may have to pay a fine, pay the other party’s attorney’s fees, or even serve jail time.
Contempt of court is one remedy if a parent refuses to allow the other parent visitation according to the visitation or parenting plan that the court has ordered the parents to follow. In most cases, a parent who has violated a court order will be given the chance to explain the situation and his or her behavior. However, if a parent continues to disregard the court order on a repeated basis, especially after the court has warned him or her to comply with the order, then the parent may be subject to some very negative consequences. In order for a judge to hold you in contempt, the other parent must prove that you intentionally or willfully denied the other parent visitation with your child, in violation of the court’s visitation order.
A contempt of court proceeding regarding visitation or another type of family law matter usually takes place pretty quickly. It is a fairly easy issue for a judge to decide, once he or she has heard both sides of the story. The judge may choose to let the parent who is in contempt off with a stern warning, or the judge may take more severe action against the parent, depending on the circumstances of the case.
If you wish to explore your options for fighting back against a denial of visitation in your Georgia family law case, the Shaw Law Firm, LLC, can assist you. We will evaluate your situation and advise you about your available actions that may be necessary to enforce your visitation rights.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.