This is the next post in my series on how Las Vegas fathers can gain emergency custody of their children. My last article provided an overview of topics which this series will be addressing. It also discussed the need to speak with an attorney as soon as possible if you believe that your child is in danger. It is important that you speak with counsel immediately as the longer you wait to bring the matter before the Court then the less likely the Judge is to believe that the situation is urgent. In this article I will be discussing the process of obtaining an emergency custody change. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
The first step in seeking emergency custody is to file a Motion with the Court
If your child’s safety is in imminent danger then it is important to file a Motion to change custody with the Court as quickly as possible. A Motion is a formal document in which you state the new arrangement which you are requesting as well as the facts and law which support your request. It is also important to include as much evidence of the situation, in the form of exhibits, as possible. Your attorney will request that the Motion be heard on “shortened time,” which means that the initial hearing may be held within a few business days. The Motion will be served upon the other party and he or she will appear in Court for the initial hearing on the Motion.
The initial hearing on the Motion is not a trial. Witnesses will not testify. Instead, the attorneys for each side will argue back and forth for several minutes and the Judge will issue a decision. The Court will have several options when deciding how to rule on the matter. First, the Judge may deny the Motion outright. If this occurs then the case will be closed and the current custody order will remain in effect. Second, the Court may find that an immediate change in custody is not warranted, but a trial may then be set to determine if a change should be granted. Third, the Court may make an immediate change of custody and set a trial date for determining if the change should be made permanent. Finally, the Court may change custody outright at the initial hearing (this is the rarest of the potential outcomes). How the Court will rule in any given situation will always depend on the specifics of the case.
Las Vegas fathers should take immediate action if they believe their child is in danger
Dads should take immediate action if they believe that their son or daughter is in danger. The longer one waits to bring the matter before the Court then the less likely the Judge will be to consider the situation an emergency. The reason for this is simple – if someone truly believes their child is in jeopardy then they are likely to take immediate action. Waiting to bring, what you believe is a dangerous situation, to the attention of others, can reduce the credibility of your claims. By immediately retaining counsel, you make it possible to get your matter before the Judge as soon as possible.
I am a Las Vegas fathers’ rights lawyer who practices in no other area besides family law. I recognize that nothing is more important than one’s son or daughter. If you are involved in a child custody case then my office will give your matter the attention it deserves. Contact us online or by telephone today.