This is the next post in my series on what happens in a Las Vegas, Nevada child custody case. My last article discussed the importance of gaining temporary child custody orders. Such orders allow parents to have a structure in place, which they are required to follow, while the case proceeds through discovery and trial. This greatly reduces the amount of conflict between the parties as they are not able to argue over who should have the child at any given time. Unfortunately, however, there are instances in which parents fail to follow the temporary order after it has been issued by the Court. This article, therefore, will discuss what happens when parents do not follow the custody order. If you are in such a situation then it is important that you contact an attorney as soon as possible.
Las Vegas parents can be held in Contempt of Court for failing to follow temporary custody orders
I have previously discussed the fact that parents can be held in contempt for not following a child custody order. This is also true for parents who violate temporary orders which are only meant to last until the completion of the case. Serious violations, such as refusing to return the child, can result in the Court issuing a pickup order and holding a hearing where the offending party must “show cause” as to why they should not be found in Contempt. A finding of contempt can theoretically result in both incarceration and financial penalties for the offending parent. It is important to note, however, that incarceration is typically reserved for matters involving the non-payment of child support or spousal support. If, however, a parent is found in contempt for repeatedly violating a temporary order then it may result in the Court changing the Order before trial.
The foregoing is best explained through an example. Suppose Jack and Jill receive a temporary order in which Jill is to drop the child off at Jack’s each Friday evening and Jack’s visitation will end when he drops the child off at school on Monday. Jill, however, regularly waits until Saturday morning to drop the child off at Jack’s and, in spite of repeated requests, continues to do so. Jack may file for Jill to be held in Contempt of Court and ask that the order be modified pending trial. Depending on the circumstances, Jack may receive a greater amount of time with the child until the case is concluded at trial. Whether or not the Judge also chooses to hold Jill in Contempt will typically depend on how blatant and repeated her violations are; if the Court believes that Jill is showing blatant disrespect for its authority then it may issue a Contempt finding. How the Court will rule in any given situation, however, will always depend on the facts of the case.
Failing to follow a temporary child custody order can hurt a parent’s case at trial
It can greatly hurt a parent’s case at trial if they are failing to follow a temporary child custody order. It must be remembered that one factor which the Court will consider, when deciding the issue of child custody, is the likelihood of a parent being able to follow custody mandates. If a parent is shown to be repeatedly violating a temporary order then, for obvious reasons, the Court may be less likely to consider them as being able to follow a permanent custody order. For these reasons, if you are involved in a child custody dispute then you should consider it vital that you follow any orders to the letter. Failing to do so may be used against you at your trial.
If you are involved in a legal dispute then contact my office today to speak with a Las Vegas child custody lawyer. I devote my practice solely to the handling of domestic relations cases and I believe that everyone is entitled to aggressive representation. I pride myself on providing a high level of service and I look forward to speaking with you.