judge signing papersThis is the next post in my series on steps which a Las Vegas father can take when the mother is refusing to follow child visitation orders. My last article provided an overview of topics which this series will be addressing. It also stressed the importance of speaking with an attorney as soon as possible if you are involved in a family law dispute. This article will expand upon that discussion by explaining what can happen if you wait to assert your rights. If you are in need of assistance then contact my office today to speak with a lawyer.

The Family Court may find that the current situation represents the “status quo”

If a father allows a mother to deny visitation for too long of a time then there is a chance that the Court will come to see the situation as the “status quo.” In other words, the Court may come to view the situation as one where the father is simply not concerned with exercising his visitation. If this occurs then the Court may amend the custody order to reflect the current situation. This is best explained by way of example. Suppose Joe is to receive three days a week with the child but he only receives time every other weekend. Joe allows this situation to persist for over a year before bringing it to the attention of the Court. Furthermore, the records show that Joe was not persistent in requesting his time from the mother over the past year. Under this scenario, the Court may find that Joe was simply not exercising his time. The Court may also modify the custody order to state that Joe will now have visitation every other weekend.

The best way to ensure that the Court does not see a denial of time as the status quo is to immediately object. If a mother attempts to claim that she is not going to follow the custody order then it is important to assert your rights, in writing, so that you have a record showing that you wanted your time. If the denial of time persists then you should quickly contact an attorney. Counsel will contact the mother, or her attorney if she has one, and attempt to resolve the matter. If an out-of-court resolution cannot be reached then your counsel will file a Motion to hold the Mother in contempt of Court. While the next steps to be taken will always depend on the specifics of the situation, it is always advisable to speak with counsel as soon as possible.

Las Vegas fathers should not engage in “self-help” if they are being denied time with their child

Many dads make the mistake of taking matters into their own hands when they are being denied time with their child. This can include inappropriate confrontations with the mother, pounding on the mother’s door, etc. If you are being denied time with your child then engaging in such self-help can actually result in the Court seeing you in an unfavorable light. While it is understandable that the situation is incredibly frustrating, it is important that you deal with it through legal channels and not by taking matters into your own hands. Doing so protects your rights and it also demonstrates to the Court that you are handling the matter responsibly.

If you are in need of assistance then contact my office online or by telephone to speak with a Las Vegas fathers’ rights lawyer. I pride myself on providing the highest level of service and I look forward to speaking with you.