This is the next post in my series on the handling of Las Vegas, Nevada child custody cases which involve a child who is failing in school. My last article discussed when the Court may involve itself in a child’s education. It is important to understand that a Clark County Family Court Judge will not typically become involved in situations which involve a child who is failing due to shortcomings on the child’s part. The Court will, however involve itself in cases where a child is failing due to neglect from a parent. Fathers who need assistance in such matters should contact a lawyer immediately. In this article I will discuss whether a dad can change custody when the child is failing. Contact my office today to speak with an attorney.
A father who wishes to change custody will have to show that circumstances have changed since the Court’s last custodial order and that the proposed change would be in the child’s best interests. If the child’s academic performance has declined since the last order then the decline may be considered sufficiently “changed circumstances.” When determining whether a change of custody would be in the child’s best interests, the Court will consider a number of factors. One of these factors is the child’s developmental needs and another is the ability of a parent to meet those needs. Obviously a child needs to do well in school. If the parent who currently has custody is shown to be unable to meet that need then, again, the court may modify custody.
The first step in changing custody is to file a Motion with the Court. This is a written document which lays out the facts and provides evidence showing that the child is failing and that the mother is to blame. Such evidence can include report cards, attendance records, notes from the teachers, etc. A hearing will be scheduled. At the initial hearing the Court will set a trial date and put temporary orders in place which are meant to help the child succeed. Such orders could include a temporary change of custody or less drastic steps, such as placing requirements on the mother to make sure that the child is doing their homework. At trial the child’s teachers will likely testify and other evidence will be presented. Once the trial is completed then the Judge will issue a ruling. Litigating such matters can be highly complicated and it is important that you retain an experienced attorney.
Whether the Court will change custody, based on education, is always situation specific. Qualified counsel can help you to fully understand your situation and to determine if you have a reason to go to Court. As a Las Vegas fathers’ rights lawyer I handle such matters. Contact my office today to schedule an initial consultation.