This is the next post in my series on how to proceed in Las Vegas child custody cases involving drug abuse. My last discussion dealt with how the discovery process can be used to gain necessary information at trial. In this article I will be talking about steps which need to be taken in preparation of trial as well as how such matters should generally be presented to the Judge. If you are facing such a case in the Clark County Family Court then it is important that you contact a lawyer immediately.
Being prepared for a southern Nevada child custody trial requires subpoenaing the relevant witnesses
It will be difficult to prove drug use in a child custody case if the needed witnesses are not at court. When you issue a subpoena to a witness then that witness is required to attend trial. Required witnesses in drug cases are often police officers, medical professionals, or employers. These are individuals who are unlikely to come to court unless it is mandatory that they do so. Attempting to prove the use of narcotics or controlled substances without these necessary witnesses will be difficult and may cost you your case.
Your family law attorney will be familiar with the process of obtaining a subpoena. This is a formal document commanding that someone appear at a certain place (in this instance the court house) at a certain time (the time of your trial). A subpoena is issued by sending the document to the Clerk of the Clark County Family Court for signature. Once the Clerk signs the subpoena it is then given to a process server who must personally serve it on the person whose presence you are mandating. If the witness does not show up to court then the attorney can have them held in contempt for failure to appear.
Nevada child custody is often changed due to drug use due to the best interests of the child
Nevada child custody law is based on the best interests of the child. One of the factors the Court will consider, when determining what is in a child’s best interests, is the mental and physical well-being of the parents. If a parent is abusing prescription drugs, or using illegal substances, then the mental and physical well-being of that parent is immediately a problem in the eyes of the court. Most Nevada family law judges will require that the other parent’s visitation with the child be supervised until the parent demonstrates the ability to stay drug-free for a prolonged period of time.
If you suspect that your child’s other parent is abusing controlled substances then you should not wait to contact a child custody lawyer.