This is the next article in my series on proving drug use in a Las Vegas, Nevada child custody case. My last article discussed when Courts may require parents to take a drug test. Parents should understand that Judges take such accusations very carefully and will typically err on the side of caution and require that testing be done. If you believe that your parental counterpart is using drugs it is, therefore, important that you contact an attorney as soon as possible. In this article I will be discussing the need for discovery in such matters, especially those related to prescription narcotics. If you need assistance then contact my office today to speak with a lawyer.
Discovery may be necessary to show that a Nevada parent is abusing prescription drugs
I have previously discussed the importance of discovery in child custody cases. As previously mentioned, discovery is the process by which information is gained from the other side in a lawsuit. It provides various tools for obtaining information from the other parent and from third-parties. It is a vital tool in cases where it is alleged that the other parent is abusing prescription narcotics. Given that such abuse typically involves filling prescriptions faster than what is recommended, or attempting to gain drugs from other sources, the process can be used to show that a parent is exceeding what is being prescribed by their doctor. Such evidence, in turn, can be used to modify child custody.
The foregoing is best explained through an example. Suppose Jack and Jill are Nevada parents and Jack is prescribed painkillers for a back problem. Jack’s prescription calls for him to only take one to two pills per day. A drug test, however, shows much higher levels of the drugs in his system but he is not gaining extra refills from his treating physician. Discovery can be used to show whether Jack is obtaining prescriptions from other doctors. The process allows for requiring that Jack sign a medical release and that his information be retrieved from state drug data bases. If Jack has been visiting other doctors, to gain extra prescriptions, then it can be determined through these means. This is just one example of how discovery can be used to build a case.
Las Vegas parents may be without needed evidence at trial if they fail to conduct discovery
Contrary to what is portrayed in movies and on television, trials are not won with secret evidence that is uncovered at the last minute. Instead, prevailing at trial will typically require the presentation of evidence that is methodically acquired through the discovery process. If this process is not properly utilized, then a parent may be without needed evidence at trial. Conducting discovery, however, requires following complex rules and procedures. Having an experienced attorney can be important towards ensuring that you are utilizing the process in a way that helps your case.
If you believe that your child’s other parent is abusing prescription drugs then contact my office today to speak with a Las Vegas child custody lawyer. I recognize the gravity of such situations. My office is devoted to helping families in need and we look forward to being of assistance. Contact us online or by telephone to schedule an initial consultation.