This is the next article in my series on what happens during an initial child custody hearing in our area. My last post discussed what happens in a child custody case when the parents are married. It is important to note that the initial hearing in such situations will deal with divorce-related issues, such as spousal support, in addition to custody related matters. An experienced attorney can assist you with knowing what to expect from the process. In this article I will be discussing what parents should expect after the hearing has concluded. If you are in need of assistance then contact my office today to speak with a Las Vegas lawyer.
After the initial hearing then the parties can expect to attend mediation. Attending a mediation is required in Nevada for cases which involve child custody. The parties will meet with a neutral party known as a “mediator,” who will attempt to broker an agreement. Whether or not the attorneys will be present will depend on whether the parties attend private mediation (attorneys are typically not allowed to be present during the Court’s free mediation program). If the parties are utilizing the Court mediation program, then the only issue which will be addressed is child custody (child support will not be addressed). If the parties wish to also address support or any issues stemming from a divorce then they will need to attend a private mediation.
If no settlement is reached then each side will engage in a process known as “discovery.” This is how information is gained from the other side for the purposes of litigation. Discovery can include the taken of sworn testimony through “depositions.” It can also include requiring that the other side provide documents and records, as well as written answers to written questions. The importance of discovery cannot be overstated. Without using it to gather evidence and other information, it will be highly difficult to present a case at trial. Contrary to what is often portrayed in the media, cases are not won with facts and evidence which only arise at the last minute. Cases, instead, are won by presenting materials and evidence which are meticulously collected through the discovery process.
If a settlement is not reached then the case will proceed to trial. Trials at the Clark County Family Court are presided over and decided by the Judge. There are no juries involved. The party who initiated the action, the Plaintiff, will present their evidence and witnesses first. The Defendant will then present their evidence and witnesses. The Plaintiff will then follow with “rebuttal.” This part of the case may only be used to directly address claims made by the Defendant during their presentation. Each side will then make a closing argument and the Judge will issue his or her ruling. Trials are highly complicated affairs. The rules of evidence and procedure will be enforced by the Court. It is vital that you have an attorney experienced in taking such matters to trial or your presentation may be lacking.
Once the Court issues a final order then the litigation will be concluded. Cases involving child custody, however, do not truly “end” until the child is eighteen or otherwise emancipated. If one party fails to follow the custody order, or if there are other material changes in circumstances, then a parent may file to amend the custody order. The best way to avoid future litigation, once a case is concluded, is to ensure that you are following all of the Court’s orders to the letter. It is also important to ensure that you are sharing information with the other parent and making an effort to foster a relationship between your counterpart and the child. Staying in contact with your lawyer can help you to navigate the situation once your case is completed.
If you are involving a family law dispute then contact my office today to speak with a Las Vegas child custody lawyer. I understand the importance of matters which involve your son or daughter. My office will give your case the attention it both needs and deserves. Contact us online or by telephone to schedule an initial consultation. We look forward to speaking with you.