This is the next post in my series on understanding Nevada’s child custody laws. My last article discussed when Las Vegas parents may change child custody. It is important to understand that Courts will only modify custody if circumstances have changed since the last custodial order. The Court will not consider facts which occurred prior to the most recent order. An attorney can assist you with understanding what types of facts will constitute sufficiently changed circumstances. In this article I will discuss what rights a parent has once an order has been entered. If you are in need of assistance then contact my office today to speak with a lawyer.
Most parents will be granted joint legal custody in the state of Nevada. This means several things. First, each parent will have a right to gain information regarding the child. Each parent, for example, could go to a hospital and obtain the child’s medical records. They could also go to a school and obtain the child’s scholastic records. Second, each parent can make “legal” decisions regarding the child. Each parent, therefore, could consent to medical care on behalf of the youth. They could also enroll the child in a school without their counterpart being present, etc. Third, and importantly, the parents will also share legal responsibility in regard to certain obligations. This typically involves parents being equally responsible for the child’s medical expenses and more.
Parents will typically be awarded joint physical custody or one parent will be granted primary custody with the other receiving visitation. Under either of these scenarios, the parents will receive a written custody order which dictates the times at which each parent will have the child. Orders may sometimes dictate the place and time at which the child is to be exchanged each week. The Court’s order will also state which parent has the child for which holidays and the amount of child support to be paid. Depending on the nature of the visitation, the Order may also include provisions regarding telephone calls and video chats. This is common in cases where the parents are in different states.
Parents have a right to have their custody orders followed. This means, for example, that if a parent has visitation from Friday at 5pm until dropping off the child at school on Monday, then that schedule is to be followed. The Court is fully cognizant, however, of the fact that life can be complicated. If a parent occasionally drops the child off a little late or wants to pick them up a little early then the Judge will typically see this as an issue which should be worked out between the parties. If, however, a parent is regularly ignoring the mandates of the Order then the Court may be inclined to modify the custody agreement and/or hold the party in Contempt. Whether a violation of the Order is something that should be brought to the Court’s attention is always going to depend on the specific facts of the case.
If you believe that your Court Ordered rights have been violated then it is important that you discuss the situation with an attorney prior to bringing the matter before the Judge. Courts typically frown on unnecessary litigating and filing unwarranted claims against the other parent can sometimes hurt one’s case more than it will help it. By discussing your situation with counsel, you help to ensure you are bringing legitimate claims and making the best possible case to the Court.
If you require assistance then contact my office today to speak with a Las Vegas child custody lawyer. I have devoted my career to the handling of family law matters and I understand the important nature of the situation. Contact us online or by telephone today to schedule an appointment. I look forward to speaking with you.