Co-parenting issues can create frustration for families. But when it comes to your kids, you need to do what’s best. In all circumstances, to address a parenting time issue, you must approach the court in order to receive a new court order or pursue an enforcement action.
Our Las Vegas family law attorneys explain everything you need to know about parenting time issues.
Types of Parenting Time Issues
Parenting time issues that you may encounter include:
- Creating a parenting time or visitation schedule
- Changing a parenting time or visitation schedule
- Legal and physical custody
- Denying parenting time
- Long-distance moves; changing the domicile of the child
- Substance abuse issues and questions of parental fitness
- Domestic violence
- Modification hearings
- Long-distance visitation schedules; international cases
- Enforcement of court orders; contempt hearings and makeup parenting time
- Questions about education and extracurricular activities
- Exchange meetups and scheduling
- Parental alienation and interference
Every child custody case is unique. There is no other child that is in the exact circumstances as your child. For that reason, there is a myriad of parenting time issues that can arise. You may have common issues. However, it may be a situation that is unlike any other case. Whatever concerns are present for your child, an attorney for parenting time issues can work on your behalf to create and enforce the appropriate order for your family.
Parenting Time Schedule
One of the most common types of parenting time issues is creating and enforcing a schedule. A parenting time schedule may be generic or specific using a parenting time calculator to help create a schedule. However, Nevada law 125.0101 requires that the order be detailed enough that the court can enforce it.
Parenting time issues may involve a range of scheduling and logistical issues. As a child grows, schedules may need to change. A parent’s work schedule may change. The child may take on new extracurricular activities. They may have special needs that parents must address.
When the parenting time schedule results in issues or questions of concern, an attorney can help you best determine how to create the appropriate order for your child.
Parenting Time Enforcement
Another significant issue with parenting time is enforcement. A court order only has meaning for a child if it is enforced. When the other parent chooses not to follow the court order, you may need to pursue legal action to address the issue. You may invoke Nevada law 125C.0202 if you are wrongfully deprived of visitation. The court may enter an order to permit additional visits to compensate at the time chosen by the deprived parent.
Contempt of Court Parenting Time Issues
Courts are serious about the enforcement of parenting time. In fact, jail time is a possibility under Nevada Revised Statutes 125C.0303. The courts can enforce penalties that are calculated to bring parents into compliance with the court order. The court may allow temporary release from jail so that the parent can go to work.
If you are looking to bring a contempt of court action or having to defend a contempt of court hearing, you may benefit from representation from an attorney. Courts determine cases by the evidence brought before them. You must have legally admissible evidence to show the judge what is going on. An attorney can help you prepare compelling evidence and arguments to make your case when facing contempt of court child custody penalties.
How Do I Prove Parental Interference?
What is considered parental interference and how do you prove it? You must show the court that the other parent is intentionally taking steps to frustrate your relationship with the children. You may rely on any of the following pieces of evidence:
- Text messages from the other parent
- A parent planning special activities that interfere with parenting time
- Testimony regarding denied visitation
- Statements of the other parent
- Third-party witnesses who have seen events
- Psychologist and psychiatrist reports
- Refusal to share medical and educational information when required by court order
- Social media posts
- Private investigators
Proving parental interference requires careful attention to the circumstances of the case and the rules of evidence that apply to the claim. An attorney for parenting time issues can help you build the evidence effectively.
How Can Parents Agree on Parenting Time?
At the outset, it may seem like your case is destined to end up in court before a judge. Even when emotions are high and parents are in conflict, it’s still possible to work effectively with legal counsel towards an agreement.
One of the purposes of having a trained attorney working for you is to give you reasonable expectations of the law. There are concrete laws that apply to parenting time determinations. When both parties clearly understand how the court is likely to rule, they can negotiate effectively to agree on parenting time that reflects fair application of the law and takes the opinions of both parents into account.
Nevada law NRS 125C.0074 determines when a parent may relocate with the child. A parent seeking permission to relocate with the child must prove there is a sensible and good faith reason for the move. They must show that depriving the other parent of their time is not a purpose.
In addition, the court must be satisfied that the move serves the child’s best interests and is likely to improve their quality of life. Under Nevada law 125C.00755, when a parent unlawfully relocates with the child, the other parent may receive reasonable attorney’s fees and costs for pursuing an enforcement action. In addition, the court does not consider post-relocation circumstances when creating future court orders.
How Can an Attorney Help Me With Parenting Time Issues?
Parenting time cases are highly fact-specific. An attorney can help you evaluate the situation with clear eyes. They can show you what’s possible and the pros and cons of each course of action. Then, they can put your plan into action to address parenting time issues and do what’s best for your child.
An attorney can also share helpful resources to help you create an effective parenting time schedule, including Clark Country parenting time guidelines and Nevada parenting time guidelines, and answer your visitation hearing questions.
Attorneys for Parenting Time Issues
Let our family court attorneys for parenting time issues help you determine the best course of action and aggressively fight for your family’s best interests. Contact our team today for a free consultation.