This is the next post in my series explaining the rights a third-party or grandparent may have in a Las Vegas child visitation case. My last post explained why mediation may be an advisable option for grandparents to utilize if the other party is willing to participate in the process. In this article I will explain what the discovery process may look like if the case must proceed to trial.
Las Vegas grandparents may use the discovery process to gather evidence in a visitation case
Discovery is a legal process that lawyers use to gain information about the opposing party. Once a trial date has been set then both legal sides may request “discovery” from their clients. Discovery information may include anything from a person’s medical history, their bank statements, personal texts and emails, school records, DMV records, etc. In some cases a party may ask to sit for a deposition, or an interview in which the opposing side’s attorney may ask the deposed person any question they may wish. In a case involving third party visitation a lawyer may use discovery to show that the grandparent has contributed financially to the child’s welfare. Or discovery could be used to show consistent communication between the grandparent and the grandchild. In other instances the discovery process could be used to prove that the grandparent and grandchild resided in the same household for a period of time. During the discovery phase one’s Las Vegas grandparents’ rights attorney will use the process to gain evidence showing that the grandparent and grandchild enjoyed a significant and healthy relationship.
Discovery can make family business a public matter
A word of caution when taking a family disagreement to trial – trial’s are public matters. This means that if a child visitation case goes to trial then the discovery process can uncover private family business and air it in a public forum. Grandparents should be prepared that a contentious visitation case can lead to the open discussion of a family member’s health, finances, arrest records, personality, etc. A trial is a stressful and serious matter; a grandparent or third party should only resort to such an extreme measure if they are sure the matter cannot be resolved privately and they believe it is in the best interest of the child in question.
If you are a grandparent who believes that they have a legitimate claim to visitation of a grandchild, you must speak with a credible family law attorney immediately. Contact our Las Vegas office today to schedule a consultation.