This is the next post in my series on what happens in a Las Vegas, Nevada child custody case. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with a family law attorney if you are involved in a legal dispute. Speaking with counsel sooner, rather than later, can facilitate getting a Court-Ordered structure in place so that life can have a semblance of order. This article will discuss what one can often expect at an initial hearing. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
An initial child custody hearing will typically be to gain temporary orders and to hold a case management conference
A Motion for Temporary Orders will typically be filed at the beginning of a child custody case. Such a Motion is a request that the Court enter temporary mandates regarding custody, child support, visitation, etc. These mandates give the parents a set structure to follow while the final outcome of the case is pending. This, in turn, helps to prevent disputes over caring for the child and financial obligations. The Court will typically hold a hearing on the Motion four to six weeks after it is filed and this will often be the first hearing in the matter. This initial hearing is not a trial and the parties will not testify. Instead, the Court will consider all evidence presented in the written pleadings as well as oral arguments from the attorneys. The Court will issue its decision and will also order that the parties attend mediation if they have not already done so. The Judge will sign an Order which reflects the outcome of the hearing and the parties will be expected to follow it while the case is pending.
The Court will also typically hold a case management conference in conjunction with hearing the Motion for Temporary Orders. This conference allows for the setting of a trial date, determining the date when discovery will be cut off, and setting other dates which are important for the case. If necessary, the parties can agree to subsequent extensions of these dates. If an agreement on a necessary extension cannot be reached, then a party may file a Motion with the Court requesting more time.
Initial child custody hearings are also sometimes used to place a settlement on the record
Many child custody cases settle in between the time of the initial Court filings and the date of the initial hearing described above. If such a settlement is reached then it can be submitted to the Court in one of two ways. First, if the matter is settled early enough, a Stipulation and Child Custody Order may be submitted to the Court for signature. Under this scenario, the initial hearing would not have to be held. If the settlement is reached the morning of the hearing (which is more common than some may think) then the agreement can be placed on the record at the scheduled hearing time. An Order would then be submitted to the Court, shortly after the hearing, and the matter will be concluded.
The initial hearing is a crucial part of any family law matter. It helps the Court to understand the nature of the case and the outcome of the hearing will have an impact on the life of the parties. By retaining an experienced attorney, you can help to ensure that your case is handled correctly. I am a Las Vegas child custody lawyer who practices exclusively in the area of domestic relations law. I understand that this is a serious time in your life and my firm will give your case the attention it both needs and deserves. Contact us online or by telephone today to schedule an initial consultation.