This is the next post in my series of articles on what Las Vegas fathers should expect from child custody disputes in which the mother has been using recreational marijuana. My last article looked at the importance of discovery in child custody cases. It is important for dads to understand that custody disputes are not won by evidence that is miraculously uncovered at the last moment. They are, instead, won through the use of information that is obtained through the discovery process. This is why retaining a family law attorney, who is experienced in conducting discovery, is crucial. In this article I will be discussing what dads should expect to occur at a trial. If you are in need of assistance, then contact me today to speak with a lawyer.
I have previously discussed what one can expect at a change of custody trial. The same process will be followed if one of the issues to be covered, at trial, is the mother’s use of marijuana. The trial will begin with an opening statement by each attorney. The party requesting the change of custody will present their witnesses and evidence. The opposing side will then present their case. The requesting party will then have an opportunity for “rebuttal,” in which they may address arguments made by the opposition. It is important to understand that rebuttal is not a time for new arguments – it may only be used to address arguments made by the other side. After the evidence has been heard, the Judge (there are no juries in Family Court), will issue a decision.
The Court’s sole concern in any custody trial will be for the best interest of the child. When determining what is in a child’s best interest, the Court will look at factors such as the wishes of the youth (depending on their age and maturity), the nature of the relationship that the child has with each parent, the ability of each parent to meet the child’s needs, the extent to which each parent will work to ensure that their counterpart has a relationship with the child, and other factors. In other words, the Court will not solely focus on whether or not the mother has been abusing marijuana. If the evidence does in fact show that the mother is regularly impaired in the presence of the child, and her use of narcotics is impacting her parenting, then this would be a factor in favor of the father.
It is important that your attorney paint a full picture of why the child’s best interests would be served by spending more time with dad. This can include showing that the child is more likely to perform well in school by spending time with his or her father, showing that they would be more likely to stay out of trouble or that they would be closer to their social circle, etc. How the Court is going to rule in any given situation will always depend on the specific facts of the case. If you believe the mother of your son or daughter is abusing marijuana, then it is best that you discuss your situation with an attorney as soon as possible.
I am a Las Vegas fathers’ rights lawyer who practices exclusively in the area of family law. I am experienced in handling trials through the Clark County Family Court and I strive to provide a high level of service. This includes quickly responding to messages and making sure you know what to expect from the process as your case moves forward. If you are in need of assistance then contact me online or by telephone today.