This is the next article in my series on the consequences of violating a child custody order in Las Vegas, Nevada. My last post discussed the process of filing to hold someone in contempt of court. It is important to understand that gaining a contempt finding is a multi-step process. First, the wronged parent must file a Motion for an Order to Show Cause. If the Court grants the Motion then a hearing will be held at which the offending parent may present evidence showing that they should not be held in contempt of court. Having an attorney to assist you with this process can be crucial. In this article I will discuss the types of issues which typically lead to a contempt finding. If you or a loved one are in need of assistance then please contact us today to speak with a child custody lawyer.
A common issue which can lead to a contempt finding is the non-payment of child support. As stated in my last article, the purpose of a contempt ruling is to gain compliance with the Court’s orders. If a parent has been ordered to pay child support, and is not doing so, then it is common for the Court to hold them in contempt. As a penalty, the Court will often impose jail time if it is clear that the non-paying parent will not comply otherwise. It is typically considered clear that a parent will not comply when they have already appeared before a judge, for non-payment, multiple times and continue to be in arrears. An example of this would include a parent who has already appeared in court several times and, in spite of warnings from the judge, has made no child support payments for a prolonged period. Under these types of circumstances, it is not uncommon for the individual to have to serve a jail sentence. They will continue to owe the support once released.
A second issue which can commonly lead to a contempt finding is when a parent absconds out of state with a child in violation of the custody order. An example of this can include a parent who attempts to move the child to another state without permission of either the other parent or the Court. In such situations the Court will order the child returned and schedule a show cause hearing as to why the parent should not be held in contempt for such conduct. While the Court may very well find the parent in contempt, the judge would often be unlikely to incarcerate them as compliance with the order has been obtained once the child is returned. The Court will, however, likely order the offending party to pay the other parent’s legal fees. The Court may also issue a financial sanction to the offending parent.
Contempt findings can also arise over several other issues. These can include failures to follow visitation orders, failures to share information with the other parent, and more. The important thing to remember is that the Court will enter a contempt finding if it is what will get the other side to comply with the Judge’s rulings. It is also important to remember that many of the issues which lead to a contempt finding can also form the basis of a request to change child custody or visitation. In order to understand how a Court may rule in your particular situation, it is best to speak with an attorney as soon as possible.
Contact my office today to speak with a Las Vegas child custody lawyer if you are dealing with a parent who will not abide by the Court’s orders. I understand the serious nature of such matters and my office will give your case the attention it deserves. I have substantial experience in handling contempt matters and I am looking forward to assisting you. Contact us online or by telephone today.