QUESTION

Can I get in trouble if I keep my daughter from her father on his court ordered days because he is on drugs?

Asked on Sep 25th, 2013 on Child Custody - Nevada
More details to this question:
I live in Nevada. I have primary. We have joint legal but just recently he has relapsed and is back on drugs. He told his neighbor that he is 72 hours clean and I can't prove it but I know he is he pawned all his belongings this past weekend. He said he can't have her because he is sick again. I found him drunk with her at a pool on 4th of July and took her from him. I have witnesses to this. What can I do to protect my child until we go back to court and what are my rights?
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1 ANSWER

Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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You must follow court orders unless you get new court orders. If fail to follow a court order, and the court finds you did not have a good enough reason to do so, you can be held in contempt. A finding of contempt can have multiple ramifications financial penalties, make up visitation to dad, even up to 25 days in jail. If he has failed to exercise his visitation for any reason, you need to have that in writing (email best, text okay but needs to be preserved in a format that can be printed). If you found him drunk, you needed to have evidence of that (such as a video recording). If he is really out of control, only 72 hours clean (which is nothing for a true addict), and you have good evidence to back up your claims, I recommend you file an emergency motion to suspend his visitation (or require that it be supervised and that he be clean for 8 hours before visitation starts as well as during the entire time he visits). You would do well to at least consult with an attorney before you file anything in the court system, as which court you are in and which judge you have could make a difference.
Answered on Sep 27th, 2013 at 3:37 AM

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