This is the next post in my series on how a recession or economic downturn can impact child custody cases in Las Vegas, Nevada. My last article discussed the need to modify child support when one’s income has gone down. Paying less than what the Court has ordered, due to economic circumstances, can result in one being held in contempt in spite of their financial situation. This is due to the fact that the Court’s orders must be followed until they are otherwise modified. If you have been laid off, or if your income has gone down, then it is important to discuss your situation with an attorney immediately. In this article I will discuss how a change in one’s work hours can result in a modification to child custody and/or visitation. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
The Clark County Family Court will modify a custody or visitation order whenever circumstances have changed since the last order and a modification would be in the best interests of the child. A change in work hours can constitute a “change in circumstances” as a parent’s availability, to be with the child, may alter. Say, for example, that the mother of a school-aged child works nights in a local casino. Because of the child’s school committments, he or she may spend Monday through Friday with the father; the mother may be unavailable to care for the child at night and the child is in school during the day. Now say, that the mother work hours change, due to the casino being slow, or she finds another job with different hours for economic reasons. If the mother would now be available to care for the child, on a 50-50 basis, then the Judge may entertain a change of custody. It is important to remember that how the Court will rule, in any given situation, is always going to depend on the specific facts of the case.
If a parent’s work hours have changed or been reduced then they may wish to file for a modification to the Court’s previous order. The first step in gaining a Modification is to file a Motion. This is a formal document in which the parent will say how circumstances have changed and why a new arrangement would be in the child’s best interests. The other parent, if they disagree with the request, will file an Opposition with the Court. A hearing will be held and the Court may schedule a trial in order to determine whether a change should be granted. Litigating such a matter, from beginning to end, can be a highly complicated process and it is strongly suggested that you retain an experienced attorney to assist you.
If you are involved in litigation, or believe that you will be, then contact my office today to speak with a Las Vegas child custody lawyer. I devote my practice to the handling of domestic relations law and I recognize the serious nature of such situations. I pride myself on providing the highest level of service and my office is ready to assist you. Contact us today.
