This is the next article in my series on the question of “what happens at an initial child custody hearing?” My last post discussed initial custody hearings when Nevada parents are not married. The Court will typically use such hearings to put a “temporary order” in place, so that the parties have a structure to follow while the case proceeds. This can help to reduce conflict between the parents during litigation. An experienced attorney can explain what the Court will typically include in such an order. In this article I will be discussing what to expect when the parents are married. If you need assistance then contact my office to speak with a Las Vegas lawyer.
Courts will often issue a temporary order concerning child custody & all divorce-related issues
As I discussed in my last article, the first hearing in most child custody cases will involve the issuance of a “temporary order.” This puts a structure in place which the parties will be expected to follow while the case proceeds. When the parties are married and filing for divorce, then this order will also put requirements in place relating to any marital issues. These requirements can include orders for spousal support, possession of certain property, possession of the marital home, and more. This is in addition to any temporary child custody orders which the Court will issue. If a party violates any of these orders then they may find themselves held in Contempt of Court.
Consider the following example. Jack and Jill are Las Vegas spouses who have a two-year-old daughter. Jill files for divorce. She is requesting primary custody of the child, child support, spousal support, and her share of community property. Shortly after the case is filed, she makes a request for Temporary Orders related to all of these issues. At the hearing, the Court has the authority to rule as to who will remain in the marital residence while the case is pending and who must move out. The Court will also rule on who will be responsible for what expenses, the amount of spousal support (if any) that Jill will receive while the case is pending, what Jill must do to seek employment or improve her earning potential, as well as how child custody and support will work while the case proceeds. How the Court will rule on any of these issues will always depend on the facts of the case.
An important point to take from the above example is that the initial hearing is not a trial. There are typically no witnesses or testimony. This hearing, instead, will consist of oral arguments between the attorneys for each side. Once the Court issues its temporary arrangements, then they are expected to be followed. Violations of the temporary orders can result in the Court holding the offending party in contempt and in the modification of the orders.
Las Vegas couples will be ordered to mediation after an initial custody hearing
The Clark County Family Court requires that couples go through mediation during a child custody proceeding. This requirement applies to matters in which the parties are married. It should be understood, however, that while the parties may attend the Court’s free mediation program, there are problems with doing so. These problems stem from the fact that the free program only assists with child custody issues. It does not assist with other divorce-related matters. This means that the parties can reach a child custody settlement, but still need to litigate the divorce. Another option is to attend a private mediation at which all of the issues can be resolved as part of a larger settlement. How to best approach mediation is a subject which is best discussed with an attorney.
If you are ending a marriage, and children are involved, then contact my office today to speak with a Las Vegas divorce lawyer. I practice exclusively in the area of family law and I regularly handle child custody proceedings as part of a marriage dissolution. I understand that this is a serious time in your life. This is why I strive to provide the highest level of service to each and every client I serve. Contact us online or by telephone today.