This is the next post in my series on the issue of what happens at an initial Nevada child custody hearing. My last article discussed attending the initial hearing when paternity has not been established. Nevada, like most states, requires that paternity be determined before any other issues are resolved. An experienced attorney can assist you with knowing what to expect from the process. In this article I will be discussing what to expect at the initial hearing when paternity has been established but the parents are unmarried. If you are in need of assistance then contact my office today to speak with a lawyer.
The Clark County Family Court will issue a temporary order and require mediation
A child custody case begins when one parent files a Summons and Complaint. These documents will be served on the opposing parent. The initiating parent will also quickly file a Motion to establish a temporary order. The hearing on this Motion will typically be held within four to six weeks. The purpose of this hearing is to put an order in place which will govern custody, visitation, and the payment of support while the case is proceedings. Such an order will give the parents a set structure to follow so that there is not disagreement over who has the child when and who is responsible for support. This hearing is not a trial. It consists solely of oral arguments between the attorneys and will typically not last longer than fifteen to thirty minutes.
The Court will be focused on the best interest of the child when devising a temporary custody agreement. Nevada law requires that the Judge begin the case with the belief that custody should be shared between the parents. The Court will only deviate from this belief if it is shown that joint custody would be counter to the child’s best interest. There are a number of factors which the Court will consider when determining what is in a child’s best interest. The Judge is not required to weigh these factors equally and may make a custody ruling due to an overwhelming issue related to just one factor.
The Court will also use the first hearing to issue an order that the parents attend mediation. As discussed in my last article, mediation is meant to be a neutral setting in which an impartial third-party attempts to broker a settlement. When the Court orders mediation, the Judge will also typically schedule a “return hearing.” If the parties reach a settlement at mediation then the Court will use the return hearing to convert the settlement into an order and close the matter. If no settlement is reached then the matter will be set for trial.
Unmarried Las Vegas parents should understand that a child custody case can be quite lengthy
It is common for parents to not realize how long a child custody case may take. Parents sometimes think that all issues will automatically be resolved at the first hearing. The truth of the matter is that, if the matter does not settle at mediation, then the case may take many months or even more than a year. Quite often, parents extend the litigation over issues which could have been resolved at mediation. While parents should always work to protect their rights and the rights of their children, it is also important that they recognize the importance of not extending litigation for the sake of arguing with the other side. An experienced attorney will provide objective advice in regard to moving the case forward.
If you are involved in a family law dispute then contact my office today to speak with a Las Vegas child custody lawyer. I understand that this is an important time in your life. My office will quickly respond to messages and will ensure that your questions are timely answered. I pride myself on providing a high level of service and I look forward to speaking with you. Contact us today.