This is the next post in my series on whether there is a specific time at which children can stop visitation with a parent. My last article addressed the question of whether a Nevada child can refuse to see their parent. It is important to understand that, while teenagers are sometimes given discretion over when they will see a parent, the other parent must still receive their total amount of Court-ordered time. Contacting an attorney immediately is an important step for a dad who is not receiving his visitation. In this article I will discuss a topic which arises too often – the need to change custody when a mother is “coaching” a child to refuse visitation. If you are in need of assistance then contact my office today to speak with a Las Vegas fathers’ rights lawyer.
Parental coaching may be a reason to change Nevada child custody
A Nevada judge’s sole concern is for the best interests of the child in any child custody case. When determining what is in a child’s best interest the Court must consider the willingness of each parent to foster a relationship between their counterpart and the child. This means that a parent who coaches or encourages a child to not go through with visitation is, by definition, acting against the child’s best interests. If it is shown that a mother has been coaching a child to refuse visitation then how the Court will react will depend on the specifics of the case. In some instances, the child may admonish the mother to refrain from such conduct. In other situations the Court may a) remove any discretion which has been given to the child and/or b) grant additional custody time to the father.
The foregoing is best explained by way of example. Suppose a father is to have visitation with the child from the end of school on Friday until Sunday evening. The evidence shows that the mother regularly encourages the child to state that they wish to stay with mom over the weekend instead. Furthermore, it is shown, through a Court-ordered interview with the child, that the mother also offers to buy items which the child wants as a “reward” for refusing visitation. Under these circumstances, the Court would likely take steps to ensure that the father is receiving all of his time. Furthermore, depending on the facts of the case, the Court may be willing to change custody in favor of the father if it is shown that such a change will be in the best interest of the youth. In order to have a better understanding as to how the Court may rule, in your particular case, it is best to discuss the situation with an attorney.
The process for changing child custody in Las Vegas due to parental coaching
If you believe that you have a case for changing child custody then the first step is to file a Motion with the Court. This is a formal document which will state the facts of the situation, the nature of the change you are requesting, and how the law supports your position. The Motion will be served upon the other party and they will be given an opportunity to respond. At the initial hearing, the Court may make a temporary change. A trial date will also be set to issue a more permanent order. It is important to remember that no two cases are the same. An attorney can help you understand how the court is likely to rule in your matter.
If you or a family member are in need of assistance then contact us today to speak with a Las Vegas fathers’ rights lawyer. I understand that this is a serious time in your life and that time is of the essence in such matters. I devote my practice to the handling of domestic relations law and I believe that everyone is entitled to aggressive representation. Contact us online or by telephone today to schedule an initial consultation.