You Have Rights If Your Ex-Spouse Defies A Court Order
The final judgment and decree of your divorce in Georgia is the last word on what you and your ex-spouse must now follow regarding custody and visitation of your children, division of property and many other aspects related to your divorce. Whether you settled your divorce with an agreement or went through a trial decided by the judge, a lot of thought and effort went into making sure the custody and visitation order reflected the best interests of your children. If your ex-spouse fails to follow the order, you could have a legal argument for contempt of court. The same is true for failure to pay court-ordered child support.
Attorney Charles Fulcher at D. Charles Fulcher, Attorney at Law, LLC, is ready to help you protect your rights and the time you spend with your children. Attorney Fulcher has been helping Georgians fight for their legal rights for over a decade. We serve family law clients throughout Northern Georgia from our office in Jasper.
Courts Take Contempt Of Custody Orders Seriously
Studies show that children do better when both parents are involved in their lives, which is why Georgia courts take custody and visitation orders seriously. They also know how quickly a child can fall into poverty when a parent stops paying child support. Contempt of court is a serious allegation, however, and the courts do not take it lightly. The court can find someone in either civil or criminal contempt, though civil is more common, especially in family law cases.
The general standard for contempt includes proof that the offender willfully violated the court order when they had the means and ability to follow the order. Sometimes parents have a reasonable explanation for their failure to follow a court order. An isolated mistake, a change in job status or an unexpected health issue may not be enough to charge someone with contempt.
If the court charges a person with contempt, the offender often must pay any money or property owed, as well as pay fines imposed by the court. In certain cases, the offender may face jail time. At D. Charles Fulcher, Attorney at Law, LLC, we can guide you through the process if you decide to bring an allegation of contempt. We will fight on your behalf to enforce the order and protect your rights.