This is the next post in my series on the impact which domestic violence has on Las Vegas child custody cases. My last article discussed how to deal with false domestic violence accusations. It is, unfortunately, not uncommon for a party to make false claims out of an effort to gain an advantage in custody proceedings. If you are facing such allegations then it is important that you take the matter seriously and contact an attorney as soon as possible. In this article I will discuss the process of changing child custody after you have been the victim of such behavior. If you require assistance then contact us today to speak with a Las Vegas child custody lawyer.
Changing child custody begins by filing a Motion with the Clark County Family Court
The first step in changing child custody is to file a Motion with the Clark County Family Court. This is a formal document in which states why they are requesting the change, what they would like the new arrangement to be, the law in support of the request, as well as references to attached evidence known as “exhibits.” Once the Motion is filed it will be served upon the other parent by mail. They will have ten days to file an opposing brief and the requesting party will then have five days to file a reply. The Court will hold an initial hearing on the Motion. The Judge will either deny the request outright, set a trial date in order to determine if a change should be granted, or the judge may make an immediate temporary change and set a trial date to see if the change should be permanent. How the Court will rule on a Motion will always depend on the specific facts of the case.
If you are requesting a change due to domestic violence then your Motion should include as much evidence as possible that such conduct occurred. It must be remembered that Courts wish to base their rulings on objective evidence and not on unfounded statements. Objective evidence of violent behavior can include police reports, photographs, text messages where the other party admits to the conduct, witness statements, etc. An experienced attorney will assist you in presenting your case to the Court.
Las Vegas judges will hear child custody cases on an expedited basis if the matter is an emergency
Courts will hear cases on an expedited basis if a parent’s violent behavior is placing the youth in danger. If domestic violence is occuring in the presence of the child, or if the child is the victim, then many judges will likely hear the matter within a few days. The first step in gaining an expedited hearing is to file a request for “Shortened Time.” The Court will typically move the hearing up to within a few days. The other side will then need to be personally served with the Motion and the Order Shortening Time as they must be given adequate notice of the hearing. An attorney will assist you with requesting shortened time and ensuring that the opposing party is properly served.
If you need to change child custody due to domestic violence then contact my office today to speak with a Las Vegas lawyer. We understand that the situation is urgent and we will give your case the attention it deserves. Contact us online or by telephone today. We look forward to speaking with you.