father with his small childrenThis is the next post in my series on the handling of emergency child custody cases involving Las Vegas fathers. My last article discussed the process of filing for an emergency custody change. It is important to understand that you should take immediate action if you believe your child is in danger. Failing to do so can result in the Court not believing that the situation is truly urgent. Retaining an experienced attorney is the first step in bringing the matter before the Judge as quickly as possible. In this article I will discuss how fathers can go about gaining emergency custody. If you need assistance then contact my office today to speak with a lawyer.

A father seeking emergency custody must establish that the situation is urgent

If you are asking the Court to make an emergency change of custody then it will be crucial that you establish the urgency of the situation. If one goes to Court claiming that the situation is an “emergency,” when it is not, then the Court will be far more likely to view your claims with skepticism. When claiming that the situation is an emergency, it is important to remember that the Court’s definition of urgent will differ from yours. A Judge will only see the situation as urgent if the physical or mental well being of the child is being placed in immediate risk. Disagreements over parenting styles or disapproval of the other side will not constitute an “emergency” as far as the Court is concerned.

The Court will look to objective evidence when determining whether or not the situation is an emergency. Judges will seldom give weight to unsupported accusations. Proof of an urgent situation can include police reports, medical records, text messages which demonstrate threatening behavior, and more. Consider the following example. Joe claims that the mother is regularly driving drunk with the child. He also claims that she is often drunk at home with the child and is unable to offer effective care. There is no record, however, of the mother having been arrested for a DUI or any other alcohol related offense. Moreover, she has held the same job long-term and has resided in the same residence for many years. The child is also doing quite well in school. Under this scenario, the Court would likely see no evidence that the mother has a drinking problem and the Judge may outright deny the father’s request for a custody change.

Las Vegas fathers should speak with an attorney before filing requests for an emergency custody change

If you are a dad then it is important that you speak with an attorney before filing an emergency custody request with the Court. Counsel will analyze your situation and give you an honest assessment of whether or not the Judge is likely to consider the matter an emergency. Even if the situation is not something which the Court will deem urgent, you may still have grounds to change child custody. By retaining counsel you help to ensure that you are presenting your case to the Judge in the best way possible.

I am a Las Vegas fathers’ rights lawyer who practices solely in the area of family law. If you are involved in a child custody dispute then contact my office today for an initial consultation. I pride myself on providing a high level of service and I look forward to being of assistance.