You don’t allow the other parent their visitation time because they haven’t paid child support:
There is a common belief that Child Support and Child Custody is one stand alone issue in a Divorce or Child Custody Case. This is far from the truth, and this is not how Family Law works in Nevada, whether it is a Divorce or Child Custody Case. Child Custody and Child Support are two separate issues in Nevada. What commonly happens, after a Divorce or Child Custody Decree is issued and the case is complete is one parent denies the other parent their visitation and often times, will continue to deny that parent their time until child support is paid. In Divorce and Child Custody cases, when the Court is determining whether a parents receive equal time with the child(ren) or whether one parent receives more time than the other with the child(ren)(defined as more than 60% timeshare), which is known as Primary Physical Custody here in Nevada, depends on what is in the best interests of the children. Nevada Law outlines factors that determine what is in the best interests of the children in N.R.S. 125C.0035(4). One of the key factors in that statute is which parent allows frequent associations and continuing relationship between the child and the other parent. If a parent is not allowing visitation, the Court may believe that it would be in the best interest of the child(ren) if the other parent has more time, since the parent taking away visitation is willing to use their children as bait. This is especially true if there are court orders. There are a couple of different options the parent can utilize if they are not receiving their court ordered child support. That however, will be discussed at a different time.
You don’t have any conversations in writing and instead discussed everything over phone calls and in-person conversations.
Even with easy access to e-mail and cell phones one would think that most conversations would take place through this medium. My experience as a family law attorney in both Divorce and Child Custody Cases; however, show that many of us still talk over the phone or in person. If you have a Child Custody case or a Divorce case that has Child Custody issues, conversations between the parents are usually quite important. What litigants don’t understand that in Child Custody and Divorce Cases, is not only what was said by the parties, but also how you can prove those conversations even existed. In Trial, your Family Law Attorney can ask their client questions on what was said between the parties, but that client’s testimony is infinitely more powerful if what was said can be shown through text messages or emails. Yes, if you try to modify your child custody decree or your child custody provision in your divorce decree, you may need to attend another trial. Imagine, if you were a Family Court Judge which party would you believe one that can prove that conversations were made or one that just tells the Court what may have been said?
You are not following current orders?
In Child Custody and Divorce Cases, this is a major issue the Courts need to address. This especially true when the parties do not have family law attorneys representing them. Often enough, the parties don’t thoroughly read their divorce or child custody decree or don’t consider a new order which could modify their divorce or child custody decree. One of the factors that show what is in the child’s best interest in a child custody or divorce case is whether you can co-parent. If you are not following orders this hurts your request to modify your order for your divorce or child custody case. In addition, you could be held in contempt for not following orders which could cause your divorce or child custody order to be modified in a negative way.
You talk badly about the other parent to your children
It is understandable if you dislike the other party from your divorce or child custody case especially if you did not get the result that you wanted. Often times, we want to lash out about him or her to our children because children love both parents and talks them up to the other parent. Some divorce or child custody orders have a provision that the parents are not to speak negatively about each other to the minor children. As stated earlier, if you are in violation of your court order this could affect whether the Court will modify your case.
You are charged and/or convicted of a crime
Much of this factor depends on the crime that was committed and whether you were convicted of that crime. For example, if you are charged a crime that constitutes domestic violence, it could trigger the presumption that primary physical custody for the victim is in the best interest of the child (assuming the victim is a parent of the child). Obviously, if you’re seeking a modification of child custody, which would give you more in terms of timeshare with the minor child, a charge of domestic violence would stifle that request to modify child custody.