What is Contempt of Court with Child Custody?

Deeper Understanding. Better Solutions.
child custody attorney

You’ve probably heard of contempt of court, which basically refers to being disobedient or disrespectful towards the court and its officers, such as the judge, but did you know that there is also specifically such a thing as Contempt of Court with Child Custody?

As any family law attorney would tell you, such as a Paulding GA child custody attorney, this specific type of custody pertains to the offense of substantially interfering in a child custody or visitation rights. 

For example, the custodial parent blocking visitation rights, or communication, with the other parent, which is otherwise allowed by the court can be found to be in contempt of court with child custody. 

The parent seeking relief may resort to filing a case with the court, with the help of a Paulding child custody attorney.

Child Custody Laws in Georgia

In Georgia, judges involved in a child custody case are required to consider certain factors impacting the child’s best interests. These include each parent’s ability to care for the child, their physical and mental capacity, the strength of bonds with the child, and the kind of home environment they can provide for the child. 

Both parents should have equal rights when it comes to arranging who takes custody of the child. But given the listed factors above, the court may also end up awarding sole custody to one parent instead, with the other merely being afforded visitation rights. Although one parent would have sole custody, the visitation rights awarded by the court must be faithfully enforced, to ensure that the parental rights of the non-custodial parent is retained. Otherwise, the case becomes ripe for contempt of court with child custody. 

How a Lawyer Can Help

Contempt of court with child custody could have serious repercussions not only on both parents but the child itself. If the non-custodial parent feels that their visitation rights are indeed being infringed upon, then it is recommended to seek counsel from a Paulding County GA child custody attorney, such as those from William R. Pike Law LLC

The lawyers can help file the case before the court, as well as present evidence proving the claim, so that the non-custodial parent can get the enforcement they need for the visitation rights. 

unmarried mother child custody

Child custody is one of the more difficult points of contention during a divorce. Depending on how amicable or hostile the situation is, the couple may need to hire a Paulding GA child custody attorney as well to make sure they protect their parental rights. 

That situation is pretty clear-cut, but what if the custody battle takes place outside of a divorce because the parents of the child are not married to begin with? Do unmarried mothers have to file for custody in court?

Child custody laws in Georgia for unmarried mothers

In Georgia, unmarried mothers get sole custody of the child by default, therefore they do not need to file for child custody. Instead, it is the father who would have to file for visitation rights with the court.

Even with the paternity established, this does not mean that the father can immediately have custody. The issues of custody and visitation have to be pursued and ordered separately, all thought such can be done in the same legal action. 

Determining paternity can be as simple as having the father sign in the birth certificate recognizing the role. In case of doubt, genetic testing may also be completed, and then filed with the courts through the help of a Paulding child custody attorney. 

How a lawyer can help 

For child custody cases, whether or not the parents are married, it is advisable that they seek help from a Paulding County GA child custody attorney, such as those from William R. Pike Law LLC. 

They can help file the necessary paperwork required by the court to facilitate the case, gather evidence to present viability for custody, as well as prepare strong arguments to support the case.

The court will be judging the matter of child custody based on the best interests of the child. It is therefore up to the non-custodial parent to make a strong case before the court so that they can earn more rights as a parent, and be given the opportunity to be with their child.

Do Unmarried Mothers have to file for custody?

Child custody is one of the more difficult points of contention during a divorce. Depending on how amicable or hostile the situation is, the couple may need to hire a Paulding GA child custody attorney as well to make sure they protect their parental rights. 

That situation is pretty clear-cut, but what if the custody battle takes place outside of a divorce because the parents of the child are not married to begin with? Do unmarried mothers have to file for custody in court?

Child custody laws in Georgia for unmarried mothers

In Georgia, unmarried mothers get sole custody of the child by default, therefore they do not need to file for child custody. Instead, it is the father who would have to file for visitation rights with the court.

Even with the paternity established, this does not mean that the father can immediately have custody. The issues of custody and visitation have to be pursued and ordered separately, all thought such can be done in the same legal action. 

Determining paternity can be as simple as having the father sign in the birth certificate recognizing the role. In case of doubt, genetic testing may also be completed, and then filed with the courts through the help of a Paulding child custody attorney. 

How a lawyer can help 

For child custody cases, whether or not the parents are married, it is advisable that they seek help from a Paulding County GA child custody attorney, such as those from William R. Pike Law LLC

They can help file the necessary paperwork required by the court to facilitate the case, gather evidence to present viability for custody, as well as prepare strong arguments to support the case.

The court will be judging the matter of child custody based on the best interests of the child. It is therefore up to the non-custodial parent to make a strong case before the court so that they can earn more rights as a parent, and be given the opportunity to be with their child.


father visitation

After a separation where a child is involved, the parents must figure out how time will be spent by the child with each of them. In many cases, it is difficult for the parents to reach this agreement on their own, so they must get the family court involved to make the decision. Prior to attending a hearing in front of a judge to state how the child’s time will be spent, it is best to consult a Paulding divorce attorney. A lawyer will help you to prepare your request for this arrangement to be presented to the judge. 

Visitation and Custody

Custody is decided based on the best interest of the child and on which parent has offered the most care. The parent that is not granted physical custody — where the child will spend the majority of their time — is given visitation where they have time to spend with the minor child. In some instances, the visitation must be supervised and a judge will make this determination if the parent with visitation is a risk to the child’s safety. A Paulding divorce lawyer can help with this request if there is a concern for the child when they will be with the parent who has visitation rights. 

If you have gone through Pauling County divorce mediation and still need further help from the family court to decide which parent will have custody and visitation, an attorney can help you. A Paulding County divorce lawyer will explain the entire process of how custody is decided and the type of information that you need to submit. They will also help you prepare the necessary forms and will be present in court when you have to go before the judge. 

At the Law Offices of William R. Pike Law, our attorneys will help you get the parental visitation you are entitled to. Contact us for a consultation. 

uncontested divorce criteria

When you’re thinking about divorce, you might hear about uncontested divorce. The idea of not having the stress and strain of a long, drawn-out divorce process may sound great to you. How do you know if you qualify for a contested divorce?Is it right for you? The Dallas GA family lawyers at the Law Offices of William R. Pike explain.

Uncontested divorce criteria

The uncontested divorce criteria are child custody, child support, alimony and division of the assets. To have an uncontested divorce, the parties must agree about those four things. The parties don’t necessarily have to be happy with the agreement, but they have to be willing to settle the divorce on those terms. The parties may or may not choose to work with divorce attorneys in Dallas GA.

Eligibility for uncontested divorce

To to be eligible for an uncontested divorce, the parties must agree on four different topics:

Child custody

– Perhaps the most stressful thing in any divorce is the issue of child custody. To be eligible for an uncontested divorce, the parties must agree on a child custody order. The order may be general or specific.

Child support

– Although child support awards are guided by mathematical formulas, the parties can still agree on an appropriate amount. They must agree on child support in order to have an uncontested divorce.

Alimony

– To have an uncontested divorce, the parties must agree on whether either person pays alimony, how much they pay and in what duration.

Division of the assets

– Parties in an uncontested divorce must agree on how to divide assets like retirement plans, the value of the home and bank accounts.

Contact our Dallas GA family lawyers

The divorce attorneys in Dallas GA at the Law Offices of William R. Pike can assist you with your divorce. They can help you understand if you qualify for an uncontested divorce, and they can help you exercise your rights. Call today.

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