This is the next post in my series on the handling of emergency child custody cases which involve Las Vegas fathers. My last article discussed how dads can gain emergency custody and that doing so requires establishing that the situation is, in fact, urgent. Speaking with an attorney, before making claims to the Court, can be vital to one’s case. If a dad claims that their child is in danger and such is not actually the case then the Court may reduce the amount of time they enjoy with the child. In this article I will discuss how long the process of obtaining emergency custody may actually take. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Las Vegas fathers can obtain an initial child custody change in as little as a few days
I have previously discussed the process of obtaining emergency child custody as part of this series. As I explained in that article, the initial step in gaining an immediate change is to file a Motion with the Court and to request “shortened time.” This can result in an initial hearing being held in as little as a few days. At this hearing, which will be brief and will not include testimony, the Court may make an immediate change. In most situations, a trial date will be set to determine if such a change should be made permanent. This means that, depending on the circumstances, the initial change of custody may come rather quickly. It should be understood that the Court may also deny the request or decline to make an immediate change at the initial hearing.
If the Court does make an immediate change then the mother will typically receive visitation with the child. If the situation is such that an immediate change is warranted, however, then this visitation is likely to be supervised. Supervision can either be performed at the Clark County Family Court building by County personnel or the Court may designate someone (typically a relative) to serve as the supervisor. It will be expected that the father will honor all visitation orders. Doing so can possibly result in the father being held in contempt, sanctioned, and the mother receiving unsupervised visitation.
Trial will not be held for several months in a child custody case
The trial date will usually be set for several months after the initial hearing. The amount of time between the initial hearing and trial will depend on several factors. These factors include how long the Court grants for discovery, whether extensions are granted due to one side’s refusal to comply with discovery, and the Court’s calendar. Trials in most child custody cases are set for either a half-day of the Court’s time or a full day. It is not uncommon, however, for trials to take multiple days.
It should also be understood that the majority of cases do not go to trial. After the initial hearing, the parents will attend a Court-mandated mediation. Cases often settle either at this meditation or shortly thereafter. If a settlement cannot be reached then the only way to resolve the matter will be through trial.
If you or a loved one are involved in a child custody dispute then it is important that you retain an experienced attorney to assist you. I am a Las Vegas fathers’ rights lawyer who is experienced in the handling of such matters. I pride myself on providing quality representation and my office will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation.