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§ 19-9-24.Actions by physical or legal custodian not permitted in certain instances

Chapter 9. Child Custody Proceedings · Article 2. Child Custody Intrastate Jurisdiction Act · Last amended 1978 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-9-24 bars a Georgia parent who is violating a custody order — by keeping the child from the legal custodian or by withholding court-ordered visitation — from bringing divorce, alimony, custody, visitation or contempt actions while the violation continues.

Full Text of § 19-9-24

Text sizeJump to: (a) (b)

(a) A physical custodian shall not be allowed to maintain against the legal custodian any action for divorce, alimony, child custody, change of alimony, change of child custody, or change of visitation rights or any application for contempt of court so long as custody of the child is withheld from the legal custodian in violation of the custody order.
(b) A legal custodian shall not be allowed to maintain any action for divorce, alimony, child custody, change of alimony, change of child custody, or change of visitation rights or any application for contempt of court so long as visitation rights are withheld in violation of the custody order.
End

Plain-English Summary

This section enforces a basic idea of fairness: a party who is defying a custody order can’t use the courts against the other side while the defiance continues. It works in both directions.

Under subsection (a), a physical custodian cannot maintain against the legal custodian any action for divorce, alimony, child custody, change of alimony, change of child custody or change of visitation rights, or any application for contempt, so long as custody of the child is withheld from the legal custodian in violation of the custody order. Under subsection (b), a legal custodian cannot maintain any of those same actions so long as visitation rights are withheld in violation of the custody order.

The bar lasts only “so long as” the violation goes on. Once the child is returned or visitation resumes as ordered, the restriction no longer applies by its terms. The section supports the purposes in § 19-9-21, including deterring unilateral removals of children and making custody decrees easier to enforce. It has not been amended since 1978.

Frequently Asked Questions

Can I file for a custody change if I’m keeping the child from the other parent in Georgia?

Not while the violation continues. A physical custodian cannot maintain against the legal custodian an action for child custody, change of custody, change of visitation, divorce, alimony, change of alimony, or contempt so long as custody of the child is withheld from the legal custodian in violation of the custody order.

Can a parent who denies visitation file a contempt motion in Georgia?

No, not while visitation is being withheld in violation of the custody order. Under subsection (b), a legal custodian cannot maintain any action for divorce, alimony, child custody, change of alimony, change of custody or change of visitation, or any application for contempt, as long as the withholding continues.

What actions are barred while someone violates a Georgia custody order?

The section lists actions for divorce, alimony, child custody, change of alimony, change of child custody, change of visitation rights, and any application for contempt of court. A party who is withholding the child or withholding visitation in violation of the order cannot maintain any of them while the violation continues.

Does the bar end once the child is returned or visitation resumes?

By its terms, yes. Both subsections apply only “so long as” custody or visitation is withheld in violation of the custody order. Once the violating party complies with the order, the section no longer prevents that party from maintaining the listed actions.

Why does Georgia stop a parent who violates a custody order from suing?

To push compliance with custody orders. The intrastate act’s purposes, listed in § 19-9-21, include deterring unilateral removals of children, facilitating enforcement of custody decrees and discouraging continuing custody controversies. Barring a defiant party from bringing those actions until he or she complies serves those goals.

Amendment History

Laws 1978, p. 1957, § 5.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
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