This is the fourth post in my series on Relocating Your Children Outside of Nevada. My last post discussed the process of filling an initial child relocation motion and what can happen during the initial hearing. In this post I will be discussing what occurs during the Nevada discovery process in child relocation matters and how it helps both sides to prepare for trial.
The Discovery Process allows your Las Vegas family law attorney to obtain information from the opposing side in a child related matter
The Discovery Process is a fancy term that refers to how attorneys exchange, request, and demand information while preparing for trial. Your attorney may need to verify/discover facts about your children’s other parent such as employment information, financial information, mental health information, past medical issues, drug use, and living environment. Your lawyer may also wish to obtain information regarding parenting style, personal habits, the quality of perceived relationship with the child, etc. An experienced child custody and relocation lawyer will attempt to gather as much information about the opposing side as possible so that these facts can be used to build an argument that supports your request.
Discovery can come in several different forms. The simplest form is that of interrogatories, which are written questions that the opposing party must answer truthfully. A second form of Discovery is to make “requests for production,” which means that the opposing party must produce requested documents – often financial records or medical documents. Subpoenas allow you to obtain documents from third parties such as medical doctors or rehabilitation facilities. Finally, your lawyer may request depositions from the opposing party or a third-party related to the case. Depositions allow for the asking of questions to a person about any relevant aspect of the case. A deposition takes place in front of a court reporter while the deponent is sworn to tell the truth. Depositions often allow an attorney to clarify information that will be necessary to a case.
How the Discovery Process influences the outcome of a Nevada relocation trial
The Discovery Process is highly important to Nevada relocation cases. It helps your attorney build an argument for why your child would benefit from a relocation. The more information you have in a trial situation then the better prepared you are. If you do not know what information the opposing side holds then you are essentially going to trial blind. While some parties choose to skip Discovery due to costs, in the end, missing out on employment or other opportunities due to a relocation denial is often far more expensive. The stakes are often very high when it comes to a relocation case. Going through the entire process helps maximize your chances of being allowed to move with your child and get on with your life.
My next post will discuss what happens during the evidentiary hearing. If you are in the middle of a Nevada relocation case, and require the assistance of a family law attorney, contact my Henderson office. I service the greater Las Vegas area.