This is the next post in my series on what happens in Las Vegas, Nevada child custody cases. My last article discussed what happens at an initial child custody hearing. As discussed, the initial hearing will typically be for the purpose of gaining temporary orders relating to custody, visitation, support, etc. This article will continue my prior discussion by explaining the importance of obtaining these temporary orders. This, in turn, helps to demonstrate why doing so is typically the initial step in a case. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
Temporary Orders provide a child custody structure so that conflict between the parents can be reduced
I have previously discussed the fact that Nevada law presumes that parents should have joint child custody. This means that, when no child custody order is in place, the parents have equal rights to the child. The result of this is that neither parent can require the other to hand over the child for visitation. In other words, any agreement or arrangement which such parents have been following is informal and unenforceable. Also, neither party is required to pay any form of child support while there is no Order in place.
The foregoing is best explained by way of example. Suppose Jack and Jill are Las Vegas parents who have never been married and they have a two year old child. These parents have never lived together but have worked together to raise the child. Jack typically has the child for the first three weekends of each month and he has paid Jill $500 per month for child expenses. The parties have a disagreement and Jack refuses to return the child, out of concerns over Jill’s parenting. Jill calls the police for assistance with returning the child but is told then law enforcement will not get involved without an Order of the Court. In other words, either parent can attempt to withhold the child when no Order exists and the problems with such a situation are obvious.
Las Vegas parents should gain a child custody order immediately even if they are on good terms with their ex
It is common for unmarried parents to not obtain a child custody order when they have been able to get along well and co-parent. Raising a child is a long-term commitment, however, and it includes many stressful events. Moreover, raising a child without an Order in place is essentially gambling that one will be able to get along with their ex long-term. This is why it is generally a good idea to have a child custody Order in place even if one is on good terms with their ex. If the parents have an arrangement in place which is working for them then they can memorialize that agreement into a Court Order so that it may be enforced if disagreements ever do arise.
If you are a parent and are involved in a legal dispute then contact me today to speak with a Las Vegas child custody lawyer. I understand that this is a serious time in your life and my office will ensure that your rights are protected throughout the process. I pride myself on providing quality service and I look forward to speaking with you.