This is the next article in my series on the question of “at what age can a Nevada child stop visitation.” My last post explained that a child cannot stop visitation with a parent until they are eighteen years old. It is important to understand that, until a child reaches the age of majority, they must follow the Family Court’s mandates for visitation. If you are a dad and you believe that your child is wrongfully refusing to go through with visits, then it is important that you discuss your situation with an attorney immediately. This article will expand upon that discussion by explaining specific steps which can be taken in dealing with a child who is explicitly refusing to follow the visitation schedule. If you are a dad in need of assistance then contact my office today to speak with a Las Vegas fathers’ rights lawyer.
Nevada fathers may file a Motion with the Court if the child is refusing to go through with their visitation
If a child is regularly refusing to go through with their court ordered visitation then it is important that the dad first attempt to talk things through with the child and reach an amicable solution. This is an important first step as, for obvious reasons, immediately resorting to court action can make relations with the child difficult. If it is clear that the child simply will not follow the Court’s orders, then the father may file a Motion with the Court. A Motion is how a formal request is made of the judge. Once the Motion is filed then a hearing date will be set, which will normally be six or so weeks after the filing. The father and the mother will attend the hearing and, through their respective attorneys, they will argue their case and state what relief they are requesting from the judge.
There are different courses of action which the Court may take in dealing with such a situation. It is quite possible that the Court will order the child be interviewed by a neutral case worker to determine the reason for the refusal. If the child does not have a legitimate reason to be refusing visitation, then the Court may place requirements on the mother which help to ensure that the schedule is being followed. If the child has a legitimate reason for their behavior, or the father is being unreasonable in their requests, then the Court may leave the current order in place. The Judge may also seek some form of “middle ground.” At the end of the day, the solution which the Court will develop will always be tailored to the specific facts of a case. It is, therefore, important that you discuss your situation with an attorney.
Nevada fathers may seek a change in child custody if a mother is coaching a child to refuse visitation
I have previously discussed how Courts view parents who are coaching their children to refuse visitation. It is important to remember that, when determining child custody, the Court will consider whether a parent is proactively fostering a relationship between the child and their counterpart. It almost goes without saying that actively coaching a child to refuse visitation will typically be seen as interfering with, and not fostering, such a relationship. If a child interview, or other evidence, shows that coaching is taking place then the Court may possibly hold the mother in contempt. The Court may also change custody to grant the father more time with the child. If such conduct is occurring, it is important that you bring it to the court’s attention immediately.
If you are a dad and your child is refusing to follow a visitation order then contact my office today to speak with a Las Vegas fathers’ rights lawyer. My office understands that this is an important and stressful time in your life. I will give your case the attention it deserves. This includes quickly filing any necessary Motions with the Court. Contact me online or by telephone to schedule an appointment.