Father Won't Return the Child After Claiming She Was Ill

My question involves a child custody case from the State of: Nevada

Our custody order states I have primary physical and we both share legal custody. I have her for 2 weeks at a time, then father gets her for 1 week. Child is 2 years old. Parents were never married. Father lives 6 hours away and is ordered to provide all transportation.

Father text me Saturday (the day he was suppose to return her) and said him and our kid have been throwing up and said it is not in her best interest to travel back home. I had said ok. If she's that bad then don't travel but get her home as soon as she is feeling better.

He said he would take a day off work to bring her back in a day or 2. Then his wife text me a couple hours later demanding I encourage my child to call her mom because she scolds her for calling her a nickname! She has always called her a nickname and I made it clear to father and father agreed he will not have her call her mom.

The wife said she will start having my daughter call me by my first name if I dont. I raised hell! I demanded he return my daughter immediately if he does not have a doctors note saying travel is restricted because of her health.

Now he is saying he won't take time off work and will return her next Saturday. He had told me on the phone she puked once and then was ok Vs. his original text saying she's been puking alot. Which raised red flags.

He contradicted everything his wife said about calling her mom and said he has no control of what she says. I called the police and had them do a wellness check on my daughter. Thankfully she is fine but with how scetchy they've been acting I didn't know if this was a ploy to hide a burn, or bruises, etc. I am missing out on a weeks of my parenting time and this screws up our whole custody order.

Now when she comes back I'll have her for one week instead of 2. I am already owed a week of makeup time from months before and he says he will look on the calendar and choose which makeup week I will have. Shouldn't that be my choice?
Also he has lied many times saying he was at work so I couldn't talk to my daughter on the phone. I threatened to file contempt and then 5 minutes later he has her call me. (Oh, but I thought you were at work?)

It is ordered he allow me to talk to her daily. I understand that's excessive so I wait till the 3rd day to try and talk to her and by the 5 or 6th day I am finally allowed to talk to her. He also had got behind more in child support since our last hearing by a hundred dollars or maybe a little more.

What do I do? I can't go get her because my cars broken down right now. What do I need to do to find him in contempt and is this enough for contempt?

If your custody provides that you get your choice of days for make-up parenting time, then you have your choice of dates. If it says something else, then you would follow the language of the order. If the order does not address make-up parenting time, check to see if there is a standing order or any other county- or state-wide guidance.

So does that mean I can choose the makeup time giving him notice even tho it doesn't say it in the order? Because with the 2 weeks I'm suppose to have her and if I take my makeup time it will be 3 weeks before she sees him again. And then how do we get back on track with the order?

Please quote the relevant language from your custody order.

It says nothing in the order about make up time. The judge we had was new to the bench. He didn't go over holidays, or makeup time. It says that mom has 2 weeks from this day to this day and dad has this day to this day on it keeps occurring. I called the judges assistant just now and he said it says nothing in the order that could guide me in the right direction. To just file an order to show cause and include that I want my makeup time.

I sat down with an attorney months ago and she was surprised and said it was a bad call on the judge to not go over holidays because that is the most litigated issue in family law. Theres no clarification. He said when I get her and when dad gets her and thats it. Other than child support and the legal aspect of custody.

If you have been told by the court that issued the order to file a motion to show cause, requesting make-up parenting time, then it reasonably follows that you should do so.

Talk to your lawyer about the possibility of amending the judgment to better address holidays, and perhaps to include a provision allowing for make-up parenting time without having to resort to court.

Ok. I will do that. Thank you very much

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Can I also include in the motion about the step mother scolding my child for not calling her mom or would that have to be in a different motion? Also about how he prevents me from talking to our child via phone and prove that he has lied to prevent it?