This is the next post in my series on the handling of Las Vegas, Nevada family law cases in which a parent wishes to obtain primary custody. My last article discussed the process of changing child custody from joint to primary. It must be remembered that a Court will only change custody if circumstances have changed since the last custodial order. The Court will not modify the arrangement simply because one parent wishes it. An experienced attorney can assist you with understanding whether the Court will entertain a modification request. In this article I will discuss how parents should conduct themselves after obtaining primary custody. If you are in need of assistance then contact my office today to speak with a lawyer.
It is important for parents to remember that a child custody case does not truly end until a youth reaches the age of majority. By this I mean that the Court can always modify the order again. In other words, a parent who is awarded primary custody can see their time with the child reduced if they fail to conduct themselves properly. “Conducting yourself properly” includes things such as not berating the other parent in the presence of the child, sharing information with the other parent, following all visitation orders, etc. Depending on the circumstances of the case, a failure to do these things may constitute “changed circumstances” which are sufficient for the Court to change custody in favor of the other party. This is due to the fact that, in any custody case, factors which the Court will consider include the extent to which a parent follows orders and tries to work with their counterpart.
Consider the following example. Jill obtains primary custody of her school-age child due to the fact that she lives closer to the school than the father. An equal timeshare would simply not be practical due to the child’s school schedule. Jill, however, does not provide the father with copies of report cards and other documents which the child brings home from school. Furthermore, she regularly attempts to deny the father his visitation, citing a range of excuses. Also, suppose the child is not doing well in school and has been displaying behavioral problems. Under these circumstances, the Court may well find that a change in custody is warranted. The Court may also attribute some of the problems the child is having to the mother’s unwillingness to work with the father. If the mother had followed the Court’s orders, and properly shared information, then the Judge may be less willing to make a change. It is important to remember that how the Court will rule in a given situation will always depend on the facts of the case.
Regularly consulting with an attorney can be a key step in ensuring that you are properly following the Court’s orders. If you are unsure as to how you should be dealing with your ex, then it is best to consult counsel before engaging in a disagreement. As a Las Vegas child custody lawyer, I am familiar with the handling of such matters. If you are having ongoing problems with your child’s other parent then contact my office today to schedule an initial consultation. My office prides itself on providing quality service and we look forward to speaking with you.