This is the next post in my series on Options for Nevada fathers facing a child custody dispute. I have previously discussed why mediation may be of benefit to dads as well as how the use of an unbundled attorney can save funds in a child custody case. In this post I will discuss why it is important for one to retain an attorney, if possible, in custody matters.
It is always best for a father to have legal representation when appearing in Clark County Family Court
It is common for Las Vegas fathers to be unrepresented when they appear in Clark County Family Court. This will put one in a situation, however, where they are fighting for their child without training in the legal system. In addition to the underlying child custody law, there are several rules of procedure that must be followed when litigating a child custody dispute. If you do not dot your I’s and cross your T’s then the Court may not even consider various requests that you make. For example, if you file a Motion but do not file an appropriate Certificate of Mailing then it’s possible that the Court may not even consider the contents of your Motion. Hiring a lawyer ensures that you are following the rules throughout the process.
Your case and permanent ramifications and you should be represented throughout
While fathers may not want to spend the money needed to retain an attorney, they need to understand that their legal case will have lasting ramifications on both their lives and the lives of their children. For example, under the McMonigle decision the Court cannot consider anything that happened before your last custody order when making a current child custody determination. In other words, if you represent yourself and mishandle your case then you won’t get to re-litigate points you wished to bring up. You may, therefore, be stuck in a child custody order that is not good for yourself or your little one. This is a lasting impact which can potentially be avoided if you hire a lawyer as an attorney will ensure that you raise all possible issues when you go to Court. Contact an attorney immediately if you are a Las Vegas father involved in a child custody dispute.