This is the next post in my series on what happens during Las Vegas, Nevada child custody cases. My last article discussed resolving a child custody case through mediation. It should be understood that matters often resolve at mediation, even when the parties are skeptical about the possibility of settling. An attorney can assist you with determining whether or not attending private mediation is a good option for your particular situation. In this article I will be discussing what to expect at trial. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Trials in the Clark County Family Court can be similar to the legal process portrayed in the media. There are also key differences. As to the similarities, the overall procedure will look quite similar. The case will begin with an opening statement from each side. The parent who brought the request for custody will present their evidence and witnesses first. The opposing parent will then present their evidence and witnesses. The requesting parent will then proceed with “rebuttal” evidence and testimony. Evidence is not an opportunity for the raising of new arguments. This part of the case may only be used to directly address claims that were made by the responding party during their presentation of evidence. Each side will then make a closing argument to the Court and a decision will be reached shortly thereafter. The case will then be closed. If a party is unhappy with the outcome, then they may appeal the ruling.
A key difference between a child custody trial and trial in general civil litigation is that there are no juries in Family Court. The Judge will serve as the finder of fact, at a bench trial, in a Family Court matter. A second key difference in such matters, from how trials are portrayed on television, is that the Court will only consider information which has been properly disclosed and properly admitted into evidence. As opposed to what is often portrayed, trials are not won by surprise evidence that is only revealed at the last moment. Instead, parties may only utilize evidence which has been disclosed through the rules of civil procedure. Much of this evidence will often be accumulated through the discovery process, which occurs before trial.
Preparing for and handling trials can be a highly complicated process. Having an experienced attorney can be a crucial step towards making sure that you have the evidence you need to make your case and that such evidence is properly presented to the Court. Failing to properly present a case can result in the Judge not considering facts which are crucial to the matter. Also, if one is not versed in the rules of evidence then the other side may be able to admit information which the Court should not have considered. Given that no two matters are the same it is important to retain an experienced firm to assist you.
I am a Las Vegas child custody lawyer who practices exclusively in the area of family law. I have handled numerous trials before the Clark County Family Court and my office will make sure that you know what to expect as the matter moves forward. I pride myself on providing the highest level of service to each of my clients and I look forward to speaking with you. Contact us online or by telephone today to schedule an initial consultation.