This is the next post in my series on proving drug use in a Las Vegas, Nevada child custody case. My last article discussed using discovery to prove that a parent is addicted to prescription drugs. Information such as medical records cannot be obtained without properly using the discovery process. An experienced attorney can help ensure that the process is utilized properly. In this article I will discuss steps which a parent can take if their counterpart has been arrested for drugs. If you are in need of assistance then contact my office today to speak with a lawyer.
If a parent has been arrested for an offense then the Court is likely to be concerned for obvious reasons. It should be understood, however, that the current custody order remains in place until modified by the Judge. This means, for example, that a parent will still be entitled to their scheduled visitation if they are arrested and subsequently released on bond. When such an arrest occurs, then the other parent may file a request for the Court to immediately change child custody. Such a request will typically be accompanied by a request for “shortened time.” This will allow the Court to hear the matter in as little as a few days.
How the Court is likely to act on a drug-related arrest will largely depend on the nature of the offense. If, for example, a parent is arrested for driving under the influence of marijuana (a legal narcotic), the Court may simply place restrictions on the offending parent. If, however, the arrest involves more serious drugs or charges, then the Court is likely to impose supervised visitation or temporarily suspend visitation altogether (although this would be more rare). The Court will set a trial date to determine a more permanent custody order and, importantly, the Court will typically hold periodic status checks to be updated on the pending criminal case. In cases involving “hard drugs,” such as heroin or methamphetamine, the Court is likely to leave visitation restrictions in place until such time as the offending parent a) has no more legal problems and b) can demonstrate that they have been drug-free for a prolonged period of time.
If the other parent remains incarcerated while their criminal case is pending, then Courts will often be cautious about permitting visitation at the Clark County Detention Center. For obvious reasons, this can be detrimental to the child. In the event that a parent is required to serve a prison sentence, Courts will also often have reservations about requiring visitation at a prison facility. How the Court will rule in such situations, however, will always depend on the facts of the case.
If you are aware that your child’s other parent has been arrested for a narcotics-related offense then it is important that you speak with an attorney as soon as possible. Waiting to bring the matter before the Court can lead to the Judge inquiring as to why you waited to do so. By taking immediate action, you help to show the Court that the situation is urgent. I am a Las Vegas child custody lawyer who will get your case before the Judge as quickly as possible in such situations. If your child’s other parent has been arrested for drugs then contact my office online or by telephone to schedule an initial consultation. We look forward to speaking with you.