What Happens If You Fail to Comply With a Nevada Child Custody Order?

A parent who violates the custody order of a Nevada court can face wide-ranging and extremely serious consequences. If you are a parent under a temporary or permanent custody order, it is essential to talk with a family law attorney if you have issues with the other parent not complying with the order or consider not complying with the order yourself. It is crucial to understand the applicable procedures and potential outcomes of a failure to comply with the order by either parent.

Contempt of Court

In Nevada, failure to comply with a temporary or permanent child custody order can lead to a parent being held in contempt of court for violation of the order. A parent may initiate a contempt proceeding, and a court has authority to initiate a contempt process on its own. A finding of contempt may be made after the court holds an evidentiary hearing, at which both parties may present evidence.

Under NRS 22.100, a person found guilty of contempt may be fined up to $500, sentenced to a jail term of 25 days, or both. In addition, the court may order the offending party to pay the opposing party’s expenses, including attorney’s fees. Repeated violations can result in repeated penalties. If a parent is repeatedly convicted for disobeying a temporary order, the court may change the temporary order before trial.

How the court rules in a particular contempt case always depends on the facts of the case. Beyond the penalties for a contempt conviction, a finding of contempt may also result in the court modifying the custody order, particularly when there are repeated serious violations of the custody order. As a result, violation of a custody order can lead to changes in the custody order and a loss of parental rights.

Potential modification of the custody order is one of the primary reasons why a parent facing a contempt proceeding should retain legal counsel to defend against a contempt charge. A parent who considers initiating a contempt proceeding should also consult with a family law attorney before proceeding.

Custody Order Violations

There are many ways in which a temporary or permanent custody order can be violated, any one of which can lead to a contempt of court proceeding and a guilty finding. After a finding of contempt, the offending parent must still comply with the terms of the custody order, including payment of support, even after the sanctions for non-compliance.

One of the most common violations of a custody order is failure to pay the required child support. Other issues that may lead to a contempt finding include:

• Taking a child outside the state, in violation of the custody order
• Relocating a child without the court’s permission
• Disobeying visitation terms, including failing to deliver or return the child on time
• Refusal to share information that is required by the order

Many of the issues that lead to a contempt finding can also form the basis for a request to modify the child custody order or change the terms of visitation. An adverse contempt finding can also affect a parent’s rights in subsequent related proceedings, such as a request to relocate a child or modify the order. Whenever a parent does not follow the court’s custody mandates, the resulting issues may influence decisions of the court in later proceedings.

Importance of Legal Representation

Custody order compliance, like all custody issues, involves complex legal and factual issues. A parent facing a situation involving potential failure to comply with a custody order should consult with a family law attorney early on, before the situation escalates and becomes more difficult to address. Representation by a knowledgeable attorney is essential when legal proceedings, like a contempt hearing, are involved. But legal guidance is indispensable even before circumstances get to the point of involving court proceedings.

The court always makes custody determinations based on the best interest of the child, which is a complex standard that involves numerous considerations. In a case involving disobedience of a custody order, the judge takes into account the severity of the failure to abide by the terms, in addition to the number of violations. The court’s determination is heavily fact-based, which makes legal representation extremely important for both sides of the issue. An experienced lawyer knows how the court proceedings work and how to present favorable evidence to the court.

While parents can work together when minor custody order violations arise, putting off legal action can eventually be a disadvantage in a court proceeding. Consultation with a knowledgeable attorney when issues first surface can prevent more significant issues from arising later.

Schedule a Free Consultation with a Las Vegas Child Custody Lawyer

Experienced Las Vegas custody attorney Joseph Gersten assists clients with all types of family law matters, including child custody. If you face a legal action involving custody, or any other family law issue, you may talk with us without a charge or obligation. To schedule an appointment, call 702.857.8777 or complete our online form.