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Parents in Nevada have rights if wrongfully denied visitation


When parents in Nevada divorce, unfortunately they do not always walk away from the split on amicable terms. Sometimes they part with resentment, anger and a feeling like the end result is not fair. This may especially be true when it comes to child custody. The goal of any child custody arrangements should, to the extent that is appropriate, allow each parent to spend enough time with the child so they can maintain a meaningful relationship with the child. However, sometimes the custodial parent will deny the noncustodial parent the noncustodial parent's lawful parenting time. When that happens, the noncustodial parent has rights.

In situations like this, Nevada law allows the noncustodial parent to have more visitation time in compensation for that which he or she was denied by the custodial parent. This additional visitation time will be of the same type and length of time that the wrongfully denied visitation time would have been. Also, the additional visitation time must be taken within 12 months from the time the noncustodial parent was wrongfully deprived of visitation with the child. Also, within that timeframe, the noncustodial parent gets to choose when the additional visitation will take place.

However, if the visitation is to take place on a regular weekend or weekday, then the noncustodial is required to provide the court and the custodial parent with notice in writing at least one week in advance of when he or she intends to take this additional visitation time. If the additional visitation time will fall on a holiday or vacation time, then the noncustodial parent must provide written notice to the custodial parent and the court at least 30 days in advance.

When a custodial parent keeps the noncustodial parent from exercising his or her lawful visitation time with the child, not only does it hurt the noncustodial parent, but it hurts the child as well. Fortunately, the noncustodial parent has rights in such situations. If a noncustodial parent believes his or her parenting time was wrongfully denied, he or she may want to seek the advice of a family law attorney, to ensure the proper steps are taken to remedy the situation.

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