Quick Answer
Sometimes, yes. Under Georgia law, courts may be able to review and modify the visitation portion of a custody order without a finding of a material change in circumstances in certain situations, including in connection with a contempt action. This is fact-specific, and the court’s decision must still be supported by the record.
The case in plain English (Stanford v. Pogue)
In Stanford v. Pogue (Georgia Court of Appeals, January 20, 2017), a trial court found a mother in willful contempt for not following a visitation schedule. Along with contempt penalties, the court also modified the visitation order to address the ongoing problems.
The mother appealed and argued the court could not change visitation without findings of a material change in circumstances and best interests.
What the Court of Appeals Said
The Court of Appeals affirmed the trial court’s decision. The court explained that under O.C.G.A. § 19-9-3(b), a trial judge may periodically review and modify the visitation portion of a custody order without requiring a finding of a material change in circumstances, and the court may also modify visitation in the context of a contempt action.
The key point: in certain visitation situations, Georgia law treats visitation differently than a full custody modification.
What this Means for Parents in Middle Georgia
If the other parent is not following the visitation order, a contempt action may sometimes lead to changes in how visitation is carried out (for example, changing pickup/drop-off terms), even when it has not been a long period since the last order.
That does not mean every case qualifies. The outcome depends on your order, the history of compliance, and what the judge believes is workable and supported by the evidence.
When to Talk to a Custody Lawyer
If you are dealing with:
Missed visitation or refusal to follow the schedule
Repeated conflict at exchanges
A need to change pickup/drop-off terms
Concerns about enforcing a visitation order
It’s worth getting guidance before filing anything, because the wrong approach can escalate conflict or create unintended consequences.
Call us at (478) 239-2780 or schedule a consultation with our Macon child custody lawyer.
