During an appeal, a custody order in a Georgia custody case stays in effect and a divorce decree’s custody terms go on hold, unless the judge orders otherwise.
What the Statute Says
Under OCGA 5-6-34(e), an appealed order “granting nonmonetary relief in a child custody case” shall “stand until reversed or modified by the reviewing court unless the trial court states otherwise.” OCGA 5-6-35(k) says the same for appeals by application.
It Can Be Enforced by Contempt
In Murphy v. Murphy, 330 Ga. App. 169 (2014), a mother appealed an order in a custody modification case barring the parties from discussing the case with their children. Meanwhile, the trial court held her and one of her lawyers in contempt of it. The Court of Appeals held that, because the trial court had not stated otherwise, “that order stood and remained enforceable through contempt proceedings notwithstanding the pending appeal,” and affirmed those two contempt findings.
A Divorce Decree Is Different
In Heyman v. Heyman, 374 Ga. App. 784 (2025), a mother appealed after losing a motion for new trial against a consent divorce decree and parenting plan. Meanwhile, the trial court held both parents in contempt, the mother partly for skipping court-ordered co-parent counseling. The Court of Appeals vacated the contempt orders, holding that the decree was on hold during the appeal and that OCGA 5-6-34(e) “is only implicated in child custody cases,” which a divorce case is not.
To keep a decree’s custody terms in force meanwhile, ask the judge. A motion for new trial puts a decree on hold “unless otherwise ordered by the court.” OCGA 9-11-62(b). For an appeal, Walker v. Walker, 239 Ga. 175 (1977), reversed the contempt jailing of a father who kept the child while appealing a decree giving the mother custody, but said a parent in her position can ask for “a special provision that the custody award is effective as of the date of the judgment.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!