This is the last post in a series of articles discussing changing child custody after a parental abduction has occurred in Las Vegas, Nevada. When sharing custody of a child with a co-parent, nothing can be more frustrating than the other parent’s refusal to comply with the agreed upon custody and visitation schedule. Many parents are able to resolve these issues through rational discussions, however, when the noncompliance is extreme, such as a complete refusal to return the child or repeated and egregious violations of the order, it may become necessary to take legal action to enforce your rights. In some cases, the co-parent’s actions will be considered parental abduction and may be grounds to seek a modification in child custody. The goal of this series has been to explain the types of behavior that constitute parental abduction and how the Clark County Family Court may view such actions in the context of changing custody. If you need assistance with a child custody issue, contact my office to speak with an attorney.
This series focused on the following key subjects:
- What the Court will, and will not, consider parental abduction
- The process of obtaining a “pick-up” order and attending a contempt of court hearing
- Requesting a custody modification after a parental abduction
- Proving that custody should be changed after a parental abduction
- Attending a custody modification trial
I felt it was important to discuss this topic for several reasons. First, understanding what may constitute parental abduction in the eyes of the Court may help a frustrated parent understand what legal options are available to them. Second, the first instinct for many parents when their co-parent is being uncooperative is to call the police for help retrieving their child. It is important to understand that, without first obtaining a pick-up order from a Judge, the police do not have the authority to assist you. Third, to modify an existing custody order, the requesting parent must demonstrate that their co-parent’s noncompliance has been extreme and that the current arrangement is no longer in the child’s best interest. Fourth, to prove that this is the case, the requesting party must present objective evidence to the Court. Evidence such as phone records, text messages, medical reports, etc. may be used to prove that a custody change is justified. Fifth, parents should have a basic understanding of what to expect should their custody modification case proceed to a trial.
Custody modification requests based on accusations of parental abduction can be highly contentious. I have experience working with parents to enforce their custody orders and obtain modifications when necessary. If you need assistance, contact my office today to speak with a Las Vegas lawyer.
