§ 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
Full Text of § 19-9-24
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.