Child Visitation
Denied Visitation
Long Distance Parenting
Las Vegas Nevada Visitation Agreement Attorney
Protecting the welfare of a child is of the utmost importance when parents are involved in a divorce or custody battle. There are cases in which the welfare of the child requires one parent’s contact with the child to be supervised by the other parent or a responsible third-party. Supervised visitation is generally ordered in only the rarest of cases, such as when a parent has a history of drug or alcohol abuse or has been psychologically or physically abusive to the child or other family members. It is usually done for a limited time period to permit the parent to engage in appropriate therapy or anger management programs before visitation can take place in a less restrictive environment. As a parent demonstrates success in such programs, that parent’s custody time may be expanded or made unsupervised. If the parent fails to change behaviors which are dangerous to the child, the other parent must continue to advocate the child’s safety needs to the court.
In most cases the courts recognize that the child’s welfare is best served by ensuring that the child has liberal amounts of contact with each parent. Whether the matter is being negotiated or brought before a judge, it is important to achieve a result in which the parties’ access to the child is defined with particularity. The amount of time the child will live with each parent from week to week must be determined and the exact start and stop times of each parent’s respective custody time with the child must specified. Likewise how the child will spend holidays, summer or school track breaks, and vacation all need to be addressed.
As an experienced Nevada divorce and child custody lawyer, I understand the needs of parents wanting to stand up for their children's welfare, as well as the needs to protect noncustodial parents’ rights to have quality time with children without interference by the custodial parent.
Even though parenting agreements must be carefully crafted to set out each parent’s custody rights, circumstances may change. One parent’s job schedule may change such the old agreement is no longer feasible or fair. The child or a parent may encounter unforeseen circumstances which require a change in the schedule or custodial arrangements between the parents. If such circumstances occur a new agreement can be prepared at any time, which describes the terms of the new arrangement. If circumstances change and the parties cannot agree on a revised written parenting agreement, the parents can go back to court to bring their concerns to the judge’s attention anytime during the child’s minority. Our firm has years of experience both in litigating or negotiating initial custody determinations, as well as dealing with matter which arise after the custody arrangements have been finalized in a written decree or parenting agreement.
Denied Visitation
When the custodial parent denies visitation or takes certain steps to interfere with set visitation times, this is known as frustration of visitation. This could be an innocent one time occurrence such as a doctor appointment, but can also be as severe as taking the child across state lines. Frustration of visitation can be grounds for changing the court ordered custody agreement. Even if the non-custodial parent is delinquent on child support payments, visitation may not be denied. Call the office of R. Nathan Gibbs if your court ordered visitation agreement is not being adhered to. I care about your rights and will work hard to quickly correct the situation.
Long Distance Parenting
How is child visitation affected when the custodial parent would like to relocate? Relocation of children outside of Nevada can not occur without first obtaining written permission from the courts or the noncustodial parent. If the matter is brought before the court, the court will base their decision on the following factors:
- whether an actual advantage will be realized by both the child and the custodial parent as a result of the move
- The custodial parent’s motivation for moving
- Will the Child’s quality of life following the move be improved?
- Will the custodial parent’s Quality of Life following the move be improved?
- Has the custodial parent complied with the visitation agreement thus far and is there reason to believe that the modified agreement will be followed?
- Will the long distance visitation be adequate?
- Are the non custodial parent’s objections reasonable?
Additional time may be given to the non custodial parent during summer and other school recesses. Courts may sometimes order the custodial parent pay the additional costs involved in long distance travel due to the relocation. Adequate visitation for both parents will be the biggest determining factor for approval of the relocation. If you are a custodial parent wishing to move or a non custodial parent needing to preserve visitation rights, The Law firm of R. Nathan Gibbs can help. Long distance relocation of children in a divorce situation is a sensitive issue. I can help you draft an agreeable visitation revision to help insure both parties’ needs are being met.
Going through a divorce is never easy. When there are children involved, you need a lawyer that is caring, yet strong in order to protect the visitation rights of parents. Nothing is more important than your children and I understand that. Call my office today if you need a fair visitation agreement drafted or a revision to an existing one. Whatever your child visitation needs may be, the Law office of R. Nathan Gibbs can help. I limit my practice to the geographic region surrounding Las Vegas, North Las Vegas, Henderson, Boulder City, Summerlin, and all of Clark County, Nevada. Call me today at 702-471-7454.
