FAQs
Hannah C. Pelham, P.C., Attorney at Law, focuses exclusively on family law cases, including child custody and divorce matters, representing clients in the greater metro-Atlanta, Georgia area, including Gwinnett County, Lawrenceville and Braselton. Please read below to learn the answers to some frequently asked questions about child custody, child support, and related court orders.
Q: If my ex-wife or ex-husband is not letting me see my child, can I withhold child support?
A: No. Self-help such as withholding child support payments is not permitted. If you do withhold child support, you will be in violation of the court's child support order and will likely be subject to a number of administrative, civil and/or criminal actions. The best action to take is to contact an experienced family law lawyer right away to help you use the proper legal channels to restore visitation with your child.
Q: My ex-wife or ex-husband is not letting me see my children even though we have a court order that gives me visitation or custody rights, what can I do?
A: If your ex-wife or ex-husband is not letting you see your children in the manner designated by the court's custody and visitation order, or at all, you have several legal options to enforce the order, including: filing a motion to enforce the order; initiating a contempt proceeding; and, in extreme cases, you can initiate a criminal proceeding for custodial interference, which can result in a misdemeanor conviction and/or fines (as well as a felony conviction if your ex-wife or ex-husband has two prior convictions). Contact a family law attorney as soon as possible to start the appropriate legal proceedings so that you can see your children again.
Q: If my ex-wife or ex-husband is not paying child support, can I prevent him or her from seeing our child?
A: No. You may not prevent your ex-husband or ex-wife from seeing your child despite his or her failure to pay child support. The state of Georgia has many collection procedures in place to remedy noncompliance with a child support order, including: wage garnishment; the use of state and federal tax refund intercept programs; placing liens on property interests; and the initiation of contempt proceedings. If you are not receiving child support payments in accordance with a court order, contact a family law attorney right away to start the necessary collection proceedings.
Q: If I live out of state, but my ex-wife or ex-husband has brought my child to Georgia, can I ask a Georgia court for custody?
A: There are specific laws governing which state's courts have the power to hear child custody cases (i.e., have "jurisdiction" over child custody cases). In this situation, the Georgia courts will likely have jurisdiction to hear your child custody case if Georgia is the child’s “home state” on the date you initiate the child custody proceedings and another state, such as your home state, does not already have jurisdiction. The Georgia courts may also exercise temporary jurisdiction in an emergency if your child is present in the state. It is important to be aware, however, that if you seek assistance from Georgia courts in obtaining child custody rights, you also become subject to the Georgia courts' power to require you to pay child support in accordance with Georgia's laws, or to appear before the Georgia courts at a later date.
To learn more, please read through the firm's pages on child custody, divorce, and practice areas overview, or fill out the quick contact form to contact firm principal Hannah C. Pelham.
