This is the next article in my series on how to file an emergency child custody Motion with the Las Vegas Family Court. My last article discussed how parents can establish that an emergency exists in regard to their custody case. It is important to understand that disagreements over parenting will not be considered an “emergency” as far as the Court is concerned. If you are claiming that the matter is truly urgent then you will need to establish that the child is facing some form of immediate danger. In this article I will discuss what to expect when attending the initial hearing. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Emergency custody hearings are often heard on “shortened time”
When you file a Motion to change custody with the Court then the initial hearing will typically be held within four to six weeks. If the matter is an emergency, however, you may request that the Court hold its initial hearing on “shortened time.” This will result in the matter being heard within a few days. The Court will grant a request for shortened time if it can be shown that the matter is too urgent to be heard in the ordinary course of business. The first step in obtaining an expedited hearing of this type is to file an Ex Parte request with the Court that the hearing be held as soon as possible. The Court will sign an Order Shortening Time which must be personally served on the opposing party with a copy of the Motion if the hearing is being held within a few days.
The initial hearing on your Motion will not be a trial. Instead, it is a brief oral argument to the Court that is handled by the attorneys for each side. There are potential multiple outcomes at the end of the initial hearing. First, the Court may deny the request to modify custody. This will end the matter and leave the existing custody order in place. Second, the Court may make a temporary change of custody and set a trial date to determine if the change should become permanent. Third, the Court may rule that no change will be made at the current time but that a trial will be held to determine if a change should be issued. Finally, the Court may make a permanent change of custody. How the Court will rule in any situation will always depend on the facts of the matter.
Retain a Las Vegas attorney if you need to file an emergency child custody Motion
If you believe your son or daughter is in immediate danger then it is important that you contact law enforcement as soon as possible. It is also important that you contact an attorney to assist you with filing emergency requests with the Court. Counsel will be able to assist with determining what evidence is necessary to show that the matter is, in fact, an emergency. As a Las Vegas child custody lawyer, I am familiar with the handling of such matters. My office practices are in no area other than domestic relations law and we will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation.