Question asked on Aug 07th, 2017
Q: A no bail bench warrant was issued through the District Attorney’s child support enforcement office for failure to appear at our last “pay or stay” court date. He owes appt $15,000 in back support. No payment has been made since December 2016. I am concerned that if the children are in his care when he gets arrested it will cause emotion harm.
A: There is no statute (or case) stating that the existence of a warrant constitutes grounds to withhold visitation. The safer course would be to file a motion, stating your concerns, and asking to modify visitation accordingly until the warrants are cleared up.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
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