This is the next post in my series discussing when Las Vegas, Nevada fathers may be able to modify child custody following a parental abduction. My previous post focused on what to expect during the trial process when a father seeks a custody modification. I also stressed the importance of retaining an experienced trial lawyer to represent your interests during the proceeding. In this post I will discuss what a dad should do if he is accused of parental abduction and faced with a mother’s request for a custody modification as a result. If you need assistance, contact my office today to speak with a father’s rights attorney.
The articles in this series have primarily focused on how a dad should proceed when his child’s mother has repeatedly refused to comply with a visitation order. Understandably, when the situation is reversed and the father is facing the abduction accusations, he may not know how to proceed. When parental rights are at stake, this can be a stressful and intimidating ordeal. It goes without saying that defending against the allegations will be of utmost importance. Retaining counsel with experience in these matters can help in mounting a successful defense and preserve your custody rights.
Identifying evidence to refute the abduction claim will be essential. Suppose, for example, the mother claims that the father is continuously an hour late in returning the child. If the father can provide phone or text records, showing the times at which the child was dropped off and at home, then such items may undermine the mother’s claims. Commonly, a mom will allege that the request to change custody is the result of years of repeated threats by the father not to return the child unless the mother meets certain demands. A court will require evidence to substantiate these allegations, which a father may also refute with evidence of his own. Furthermore, a judge may consider the mother’s failure to raise the issue sooner as an indication that no serious threat existed. While each case will differ depending upon the specific facts, presenting as much evidence as possible to disprove the accusations will be a key element in defending your rights.
If you are facing claims of parental abduction or a request to limit your custody rights, it is imperative that your contact a Las Vegas family law attorney to protect your interests. I have experience in father’s rights cases and am ready to assist you. Contact my office today to speak to a lawyer.