If me and my soon to be ex-husband had a child abandonment mediation, can either on of us be in contempt of court?

UPDATED: Oct 1, 2022

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If me and my soon to be ex-husband had a child abandonment mediation, can either on of us be in contempt of court?

We had a mediation agreement 3 years ago that he would pay $300 a month and see her every other weekend. Since then, he’s been out on child support and filed for divorce. He mentioned in his divorce papers that we had an issue with child custody, visitation, and child support. Should my child

continue to visit with her father or should we wait until the judge makes a decision? Also, am I in

contempt of court if I don’t let her go?

Thank you

Asked on October 17, 2017 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is difficult to give guidance without reading all the agreements made.  But it seems like all this boils down to: if he isn't paying support do I have to let her see him?  The answer is yes.  The issues have nothing to do with eachother and not letting her go could be considered custodial interference. Contempt is a term for violation of a court order. That does not seem like it applies here.  Good luck.

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