What to Do When Your Ex Violates a Custody Order in Georgia

A custody order is a legally binding court document, and when your ex ignores it, you have real legal options. Georgia courts take custody order violations seriously, and there are clear steps you can take to protect your parenting rights and hold the other parent accountable. But how you respond matters, and taking the right steps in the right order makes a significant difference.

Key Takeaways:

• When a co-parent violates a custody order in Georgia, the primary legal remedy is a contempt of court action—courts have the authority to impose meaningful consequences, including makeup parenting time, fines, and, in serious cases, jail time.
  
• Documentation is essential—a detailed, dated record of every violation, including missed exchanges, denied parenting time, and interference with communication, is the foundation of an effective contempt case.
  
• Repeated or severe violations can also serve as grounds to seek a modification of the custody order itself, particularly when the violations reflect a pattern that is not in the child’s best interest.
  

You have a custody order. Your ex isn’t following it. Maybe they’re refusing drop-offs at the designated time. Maybe they’re blocking your phone calls. Maybe they’ve taken the children somewhere without notifying you, in direct violation of the order’s terms.

Whatever the specific conduct looks like, this is not a situation where you have to simply accept it. Georgia law provides clear remedies for custody order violations, and the legal system is designed to enforce these orders—not just issue them. Here’s what to do if you find yourself in this situation. 

Step One: Document Everything

Before you contact an attorney or file anything with a court, document what is happening. Write down every incident: the date, the time, what the order required, and exactly what your ex did or didn’t do. Save every relevant text message and email. Keep a log of missed exchanges, denied calls, and any other interference with your parenting time.

This documentation is not just useful—it’s essential. A contempt case built on specific, dated evidence is far stronger than one built on a general account of ongoing problems. Courts respond to facts, and your documentation provides them. Our family law attorneys at Daniels & Taylor, P.C. work with clients in Gwinnett County to build exactly this kind of evidentiary foundation before filing anything.

It also helps to keep your documentation organized and accessible. A simple notebook, a notes app, or a dedicated folder in your email can serve as your running record. If a pattern of violations exists, a well-organized log makes that pattern visible, and visible patterns are persuasive in court.

Step Two: Understand What a Contempt Action Is

The primary legal tool for enforcing a custody order in Georgia is a contempt of court proceeding. When your ex violates a court order, they are not just breaking an agreement; they are defying the authority of the court that issued it. Courts take that seriously.

To succeed in a contempt action, you need to show that a valid court order exists, that your ex knew about it, and that they willfully failed to comply. “Willfully” is an important word — it means the violation was intentional, not the result of a genuine emergency or misunderstanding. If the court finds your ex in contempt, it has a range of remedies available: makeup parenting time to compensate for what was denied, an order requiring the other parent to pay your attorney’s fees, fines, and in serious or repeated cases, a jail sentence.

It’s worth noting that contempt proceedings can move relatively quickly when the violations are well-documented and ongoing. An experienced family law attorney can assess whether the facts of your situation support an emergency motion or whether a standard contempt filing is the more appropriate route.

Step Three: Consider Whether Modification Is Appropriate

A contempt action addresses the violation. A modification addresses the underlying order. These are two different legal tools serving different purposes, and in some situations, both are warranted.

If your ex’s violations are part of a larger pattern—consistent interference, a demonstrated inability or unwillingness to follow court orders—that pattern may constitute a material change in circumstances sufficient to justify a modification of the custody arrangement. Georgia courts can modify custody when circumstances have changed substantially since the original order and when the modification would serve the child’s best interest. A parent who repeatedly violates a custody order is telling the court something significant about their ability to co-parent effectively.

Modification is not always the right move, and it comes with its own evidentiary requirements. But when violations are chronic and the current arrangement is no longer working, pursuing both contempt and modification simultaneously can be a strategic and appropriate response.

What NOT to Do

When your ex is violating a custody order, the natural impulse is to retaliate — withhold parenting time, deny access, or take matters into your own hands. Resist that impulse. Courts watch both parents closely, and retaliatory behavior will undermine your credibility and potentially expose you to contempt liability of your own.

Do not withhold child support in response to parenting time violations. Support and parenting time are legally separate obligations in Georgia—withholding one because of the other’s failure is not a recognized remedy and will hurt your case. Children dealing with ongoing parental conflict can also experience real emotional stress, and research on how parental conflict affects kids consistently underscores the importance of keeping disputes out of the child’s direct experience wherever possible.

The parent who stays composed, follows the order, and builds a clean record is almost always in a stronger legal position than the one who retaliates. That discipline is difficult when you’re frustrated and your parenting time is being denied—but it pays off.

When to Involve the Police

In most custody disputes, law enforcement involvement is limited. Police generally treat custody matters as civil disputes. However, if your ex has taken the children across state lines in violation of a custody order, or if there is a genuine safety concern, law enforcement may become relevant, and an attorney can advise you on when and how to involve them appropriately.

Understanding the boundaries of police involvement ahead of time helps you avoid wasted effort and frustration. In non-emergency situations, your energy is almost always better spent building your legal case than waiting for law enforcement to intervene in what they view as a civil matter.

At Daniels & Taylor, P.C., the approach is direct and grounded in the S.W.O.R.D. values: Strength, Wisdom, Objectivity, Reputation, and Dependability. When your co-parent isn’t following the rules, you need an attorney who will give you an honest assessment of your case and fight to enforce it.

Get a Free Case Evaluation today. Know your options. Take the right steps.