This article is the next discussion in my series on the question of “what happens at the first child custody hearing in Las Vegas, Nevada?” My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one require legal assistance. It is important that you speak with counsel sooner, and not later, so that you may obtain an order as quickly as possible. In this article I will be discussing what one should expect at the initial hearing, at which the Court will often grant a temporary Order. If you are in need of assistance then contact my office today to speak with a lawyer.
An initial Nevada child custody hearing is not a trial
An early step in most child custody cases is for the initiating party to file a Motion for Temporary Orders with the Court. The Court will typically hold a hearing on this Motion within four to six weeks. The Motion is how one requests that the Court enter an order regarding child custody, support, and visitation. This order will not reflect a permanent solution or final ruling by the Judge. Its purpose is for the parties to have a set structure to follow while the case proceeds. This prevents disagreements over who is to have the child at what times as well as disagreements over support and visitation.
The hearing on the Motion for Temporary Orders is not a trial. By this, I mean that the Court generally will hear oral arguments from each side’s attorney and will consider documentary evidence that is submitted with the Motions. This hearing typically lasts less than an hour (and quite often not more than 15-20 minutes), and the Judge will issue a ruling. I explain this due to the fact that many parents expect the initial hearing to be a final determination in the matter or they are expecting something more similar to a full trial. The initial hearing, again, is simply a mechanism for the Court to put a temporary order in place.
Las Vegas parents will be ordered to attend mediation after an initial child custody hearing
Nevada requires that parents attend mediation in any child custody dispute. Parents may utilize a private mediator or they may participate in a program which is offered through the Clark County Family Court. Part of an initial child custody hearing will be for the Judge to order/refer the parents to mediation. While it is almost always beneficial to the case for the parties to communicate, and possibly reach a settlement, it is generally advised that one not sign a child custody agreement without speaking with their attorney first. This helps a parent to ensure that they understand all aspects of the proposed settlement.
If you are in need of assistance then contact my office today to speak with a Las Vegas child custody lawyer. My office practices exclusively in the area of family law and we will give your case the attention it both needs and deserves. We understand that this is a serious time in your life and I will make sure that you know what to expect as the case moves forward. We look forward to speaking with you.