When is it OK to withhold visitation in Georgia?
Custody and visitation disputes often stir up deep emotional tension between co-parents. But while frustration and fear are understandable, especially when a parent believes their child may be at risk, taking unilateral action by withholding court-ordered visitation is almost never the right answer. In Georgia, such actions can expose a parent to serious legal consequences, including contempt findings, sanctions, and even changes to custody arrangements.
This article discusses the legal framework governing parenting time in Georgia, outlines the potential legal pitfalls of withholding visitation, and offers guidance on how to address genuine concerns the right way: through the courts.
Parenting Time Orders Are Legally Binding
Under Georgia law, visitation (or “parenting time”) is governed by the terms of a custody order entered by the court. These orders are not mere suggestions; they are binding legal obligations with the full force of law. Whether established by agreement or imposed by the court after a contested hearing, custody and visitation schedules must be followed by both parents unless and until they are modified through proper legal channels.
Pursuant to O.C.G.A. § 19-9-3(a), Georgia courts are tasked with entering custody orders that are in the best interests of the child. Once issued, those orders remain in effect unless modified by the court at a later time. Until that happens, both parties are legally required to comply, even if circumstances temporarily change or become inconvenient.
Key takeaway: No parent has the authority to deny the other court-ordered parenting time based on their own judgment—even in response to missed support payments, parenting disagreements, or logistical difficulties.
Withholding Visitation: Legal Risks and Consequences
If one parent withholds visitation in violation of a standing order, the other parent may file a motion for contempt. If the court finds that the violation was willful, a range of consequences may follow:
Contempt of Court. Civil contempt proceedings may result in:
Fines
Compensatory parenting time (make-up visitation)
Attorney’s fees and court costs
Jail time, particularly for repeated or egregious violations
Modifications to visitation to account for withheld time
Judges are often sympathetic to parents who are simply trying to exercise their lawful parenting time, and may not look kindly on a parent who unilaterally interferes with that right.
Custody Modification. Repeated interference with visitation can support a petition for modification of custody or parenting time. Courts may view a pattern of obstruction as evidence that the withholding parent is not acting in the child’s best interests.
Loss of Credibility. Family law cases often hinge on the credibility and reasonableness of each parent. A parent who disregards court orders risks appearing uncooperative or even vindictive—two traits that Georgia judges explicitly weigh when evaluating a parent’s fitness.
When Withholding Visitation May Be Justified (But Still Risky)
There are limited circumstances in which a parent may be justified in delaying or suspending visitation, typically those involving an imminent and credible threat to the child’s safety. Examples might include:
Intoxication or substance abuse at the time of pick-up
Evidence of physical or sexual abuse
A confirmed illness that puts the child or others at risk
Even in these cases, the burden is on the withholding parent to seek immediate judicial relief. Filing an emergency motion for modification or a temporary protective order (TPO) is almost always preferable to self-help by just denying visitation/parenting time.
Georgia courts have repeatedly emphasized that unless and until the custody order is formally modified, parents generally must comply. See Avren v. Garten, 289 Ga. 186, 710 S.E.2d 130 (2011) (applying statute to dismiss mother’s custody/visitation claims due to her admitted visitation violations); Prater v. Wheeler, 253 Ga. 649, 322 S.E.2d 892 (1984) (child’s unwillingness is not a sufficient reason to deny court-ordered visitation); Stanford v. Pogue, 340 Ga. App. 86, 796 S.E.2d 313 (2017) (mother held in contempt for wilfully frustrating father’s visitation; 20-day jail sentence upheld). But see Granados v. Newsome, 374 Ga. App. 132 (2024) (mother’s withholding of visitation due to domestic violence concerns led to temporary orders; once evidence showed harm to child, court suspended father’s visitation rather than punishing mother).
What Parents Should Do Instead
If you are facing a situation where visitation seems inappropriate or unsafe, take the following steps:
Document Your Concerns. Maintain detailed records of incidents, including dates, times, and any communications with the other parent.
Consult with Counsel Promptly. An experienced family law attorney can help assess whether your concerns rise to the level required for court intervention.
Seek Legal Relief Through the Courts. This may involve:
Filing a Petition for Modification of custody or visitation;
Requesting a Temporary Protective Order (if there is abuse or danger); and/or
Seeking an Emergency Ex Parte Motion for immediate relief.
Avoid taking matters into your own hands. The courts, not individual parents, are the final arbiters of custody and visitation disputes.
A Word to Non-Custodial Parents
If you are being denied access to your child without a court order permitting such action, you have rights. Georgia law provides mechanisms for:
Enforcing visitation orders;
Recovering lost parenting time;
Petitioning for contempt and/or legal fees against the offending parent.
Do not delay in asserting your rights. Courts will generally take prompt action when shown a clear pattern of willful interference. However, if you wait significant periods of time before taking any action, the Courts may be less inclined to take more immediate action or treat your case as more of a priority than you have.
Final Thoughts: Use the Law, Not Emotion
Parenting disputes are personal, but they are resolved in a legal arena. Withholding court-ordered visitation, no matter how justified it may seem, can backfire and result in far-reaching consequences for both the parent and the child.
At Resurgens Legal Counsel we guide clients through complex custody and visitation issues with a balance of legal precision and practical insight. If you’re facing a visitation dispute in Georgia, don’t act alone. Contact us today to lawfully protect your rights, your child, and your peace of mind.