This is the next post in my series on dealing with a mother who is refusing to follow child visitation orders. My last article discussed why Las Vegas should take immediate action when a mother is refusing visitation. The longer the current situation is allowed to go on then the more likely the Court is to consider it the “status quo.” This can result in the Judge leaving the current situation in place and making it a permanent order of the Court. By retaining an attorney and dealing with the situation immediately, one can reduce the chances of this occurring. In this article I will discuss the process involved in dealing with a mother who is denying court ordered visitation. If you or a family member are in need of assistance then contact my office today to speak with a fathers’ rights lawyer.
Enforcing a visitation order begins by filing a Motion with the Court
If a mother is refusing to honor court-ordered visitation requirements then the first step is to file a Motion with the Court. This Motion will typically contain a request to hold the mother in contempt for violating orders. It may also contain a request for compensatory time, to make up for the visitation which has been lost, and/or a request to modify custody in favor of the father. A hearing will be scheduled for the Motion. This hearing will typically be held within four to six weeks. The Court will have several options at the initial hearing. The Judge may admonish the mother to begin following visitation orders and decline to schedule a contempt hearing. The Judge may also schedule a contempt hearing. If a request to change custody has been made then the Court may or may not make a temporary change. A trial date will then be set to determine if any change should be made permanent or otherwise granted. It is important to remember that how the initial hearing will proceed is always going to depend on the facts of the case as well as the specific relief requested.
Fathers must understand that when they are being denied visitation then they must go through the process above. Arguing excessively with one’s ex, or engaging in self-help, will typically hurt one’s chances of making a strong case to the Court. This is due to the fact that two of the factors which courts consider in custody cases are a) the extent to which a parent is likely to follow visitation orders and b) the willingness of a parent to work with their counterpart. Arguing or engaging in self-help, as opposed to going through the legal process, will typically be seen as a failure in each of these regards. While it is understandable that being denied visitation is incredibly frustrating, one must always go through the proper channels.
Las Vegas fathers should contact a lawyer if they are being denied visitation
Contacting an attorney is an important step if one is being denied visitation. Quite often, counsel will be able to resolve the matter by dealing with the mother directly. This can make court action unnecessary. If litigation is required, then counsel will quickly file a Motion on your behalf. An experienced representative will have a knowledge of which facts are, and are not, relevant to the case. As a Las Vegas fathers’ rights lawyer, who devotes her practice to the handling of domestic relations law, I am experienced in the handling of such matters. If you are in need of assistance then contact my office today to schedule an initial consultation. We look forward to speaking with you.