father playing with sonThis is the next post in my series of articles on Nevada law for fathers without a custody order. My last article discussed requesting to move out of state when no Court Order is in place. It is important to understand that while a dad may technically move out of state without an Order, doing so can result in being required to return immediately. Retaining an experienced attorney, who will make sure you are following the process correctly, can help to prevent such an outcome. In this article I will discuss the process of obtaining Order from the Court. If you require assistance then contact my office to speak with a Las Vegas fathers’ rights lawyer.

Obtaining a child custody Order begins by filing a Complaint with the Family Court

The first step in obtaining a child custody order in southern Nevada is to file a Complaint with the Clark County Family Court. This is a short document in which the father will state what he is requesting in terms of custody and child support. The Complaint will be personally served on the mother and she will have twenty days to file a response. The father will also typically file a Motion to establish a temporary Order for custody, visitation, and support. This will put a structure in place for the parties to follow while the case is proceeding. An initial hearing will be held and the Court will issue the temporary Order. The Judge will also require the parties to attend mediation. If the case does not resolve at the mediation, or otherwise settle, then the case will proceed to trial. At the conclusion of trial, the Court will issue a final Order regarding custody, visitation, etc.

The foregoing process is best explained by way of example. Joe has a daughter with Jill and she is denying Joe visitation. Joe has made every attempt to be amicable with Jill and to reach a compromise but he continues to be denied visitation. Joe may file a Complaint with the Court. The hearing on his Motion for temporary Orders will typically be heard by the Judge within four to six weeks (this hearing date can be moved up if the child is in some form of danger). Joe will then have an Order granting him visitation, if not custody, while he prepares for trial. Whether to settle the matter, or how to proceed to trial, will depend on the specific facts of the case.

Las Vegas fathers should establish a visitation Order even if they are getting along with the mother

I have previously discussed why dads should obtain a custody Order even if they are on good terms with the mother. It is common for parents to have a schedule which they regularly follow and to believe that no Court Order is necessary. It should be remembered, however, that it only takes one disagreement for such a working relationship to quickly deteriorate. If one is getting along with the mother of their child, and is happy with the arrangement, then that current arrangement can always be incorporated into an agreed upon custody Order. This can provide a sense of ongoing stability.

If you require assistance then contact my office today to schedule an initial consultation. I am a Las Vegas child custody lawyer who practices solely in the area of family law. My office prides itself on providing quality representation and we look forward to being of assistance.