Sugar Hill, GA asked in Family Law and Child Custody for Georgia

Q: Can my ex withhold temporary court ordered child visitation if I am in violation of one clause in the parenting plan?

We currently have 50/50 custody until we had to go for the final hearing. He has final say if an agreement can't be met.

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2 Lawyer Answers
V. Joy Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The short answer is only the Judge can change the terms of the parenting plan. However, if there are concerns with the children being in an unsafe situation, the Court may excuse the other party’s failure to follow the parenting plan. It’s difficult to say without knowing the complete situation. Sounds like you may both have cross contempt cases.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, there may be contempt on both parties at this point. You should consult with an attorney who can review the facts of the case and provide guidance.

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