Legal Question in Family Law in Nevada
contempt of visitation rights
My husband has joint legal custody of his minor son (13yrs old) and his child support is taken directly from his paychecks. And in his divorce papers it states that his visitation is to be every Friday from 8:00 pm until Sunday 8:00 pm. and it also states that the child cannot be taken out of the state without writen permission from both parents.
And his ex wife will not allow there son to come and see his father since before Halloween. and since then he has been unable to contact her or his son by phone. We think that she has sent the child out of state to live with her father, and is avoiding all calls from us, his parents, etc...
what are his options? And cant he contact our local police dept. to escort him to there home to inforce the court order in there divorce? and if she has indeed sent the child out of state without the fathers knowledge cant she be held in contempt?
2 Answers from Attorneys
Re: contempt of visitation rights
You could file a motion before the judge for an order to show cause why she should not be held in contempt for denying visitation rights and sending the child out of state if that is disallowed.
Re: contempt of visitation rights
Thank you for your inquiry.
If you husband's ex-wife is in direct violation of a court issued custody order you can file a Petition with the Court to modify the custody arrangement to give your husband primary physical custody of the child.
Additionally, you can file an Order to Show Cause to have the ex-wife held in contempt of court.
My office handles all family and domestic law matters. If you'd like to consult with an attorney contact my office to schedule a free consultation.
Regards,
Jim Herbe
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