This is the next post in my series on the question of “what happens at an initial Las Vegas child custody hearing?” My last article discussed the obtaining of a temporary custody order so that parents may have a set structure to follow while the case proceeds. The issuing of such an order helps to prevent conflict between the parents. An experienced attorney will typically request a temporary order at the outset of the case. In this article I will be discussing what to expect at an initial hearing when paternity has not yet been established. If you need assistance then contact my office today to speak with a lawyer.
A Clark County Family Court Judge will require paternity testing at an initial hearing
If paternity has not yet been established then one of the parties will need to file a Complaint to Establish Paternity and Custody. One of the parties will then file a Motion for paternity testing and to establish a temporary order. The hearing on this Motion will typically be held within four to six weeks. At the initial hearing, the Court will order the parties to submit to paternity testing. A return hearing will also be scheduled. If, at the return hearing, the paternity test shows a negative result then the case will be closed. If the test establishes paternity then the Court will typically enter a preliminary order for visitation, custody, and support. Depending on the age of the child, and the extent to which the father has had contact, then a “reunification plan” may be necessary.
The return hearing will also typically include an order that the parties attend mediation. They may do so through the Court’s mediation program or in a private setting. Mediation is meant to be a non-confrontational meeting in which a neutral third-party, known as the “mediator,” attempts to get the parties to reach an agreement. When the Court orders mediation, it will also typically schedule a “return from mediation” hearing. If a settlement is reached then the Court will typically adopt it at the return hearing and close the matter. If no settlement is reached then the Judge will use the return hearing to set a trial date. It is also possible that the parties reach a partial settlement. If this occurs, then a trial on any outstanding issues will still be necessary.
Las Vegas parents should expect the Court to grant visitation and order support if paternity was not previously established
It is common for parents to be surprised at the first hearing in a matter where paternity has not previously been established. This is due to the fact that a father may not have been expected to pay back child support for the time period prior to paternity. The fact of the matter is that Courts can grant up to four years of back support. Conversely, mothers are sometime surprised to learn that a father is all but guaranteed to receive visitation as long as he does not pose some type of risk to the child. Having an experienced attorney to assist you can help you to understand what to expect from the process.
Parents can often save themselves both time and money by understanding that visitation and the payment of support are a given in the large majority of cases. Too often, each parent will extend the litigation out of a belief that support should not be paid or that visitation should not be granted. Nevada law presumes that parents should have joint custody of a child. Even in cases where joint custody is not granted, the Judge will only grant sole custody in the most extreme circumstances. Also, the requirement to pay support is enshrined in Nevada’s revised statutes. Parents who argue excessively over such issues are often simply extending the litigation and increasing their legal costs.
If you are in need of assistance then contact my office today to speak with a Las Vegas child custody lawyer. I practice solely in the area of family law and I regularly handle paternity matters. I understand the serious nature of the situation and my office will work to make your case a priority. Contact us online or by telephone today. We look forward to speaking with you.