Your Georgia divorce case is now finalized, and the presiding court has entered a Final Judgment and Decree of Divorce resolving the issues of child support, alimony, child custody and equitable division. But, due to dissatisfaction with the court’s final order, either you or your former spouse has appealed the trial court’s decision. How should child custody and parenting time be handled during the appeal? Should the court’s final order be followed, or should you and your co-parent revert back to the temporary order or temporary child custody arrangement followed during the divorce?
These are serious and important questions for both parents to consider, because failing to abide by a court’s order may potentially result in a contempt citation. Fortunately, Georgia statutory law now speaks directly to this concern. Georgia law concerning child custody states, in relevant part: “Where an appeal is taken pursuant to this Code section for a judgment or order granting nonmonetary relief in a child custody case, such judgment or order shall stand until reversed or modified by the reviewing court unless the trial court states otherwise in its judgment or order.” O.C.G.A. § 5-6-34(e) and § 5-6-35(k). Put plainly, you should abide by the terms of your final divorce decree until the appeal has been finalized.