QUESTION
If I break a custody and visitation agreement with cause is that a chargeable offense?
Asked on Sep 19th, 2014 on Child Custody - Nevada
More details to this question:
Decree of divorce states visitation, new info came to light about severe child abuse, case was being moved from one court to another, then while that process was going on, one child was hurt during visit. filed TPO, it got kicked out, then waited some more for case being moved. The TPO judge declard that the injury happened in the mothers care. Once it was moved, little less than a year of stopping the visits, an attorney was supposed to file. two months after the attorney not filing, ex yanks son out of school took to another county. Had to file on my own toa ttempt to stop the visits again, exparte, plus filed for a contempt for non payment of child support. If I believe that I am in fact protecting the children from further harm under state statutes, NRS 432B, can I still be held in contempt?
1 ANSWER
Your explanation is extremely cryptic -- it is hard to see exactly what is going on, what the existing orders are, and what is pending, if anything. All that said, the answer to your last question is yes -- judges have enormous discretion in such matters, and if there is an existing order that you are willingly violating, then yes, you can be held in contempt. However, if in fact the evidence indicates that you are actually preventing harm to a child (other than in the "cops and judges and CPS and doctors all say there is no problem, but I know better" kind of scenario), it is hard to conceive of a judge that would do so.
You probably should confer with competent counsel, going over ALL of the relevant facts.
Answered on Sep 20th, 2014 at 2:16 PM