This is the next post in my series on the handling of Las Vegas child custody cases which involve emergency situations. My last article discussed dealing with cases involving drug use by the child. It is important to understand that how the Court will view a situation is going to depend on the specific facts of the case. The Court may leave custody “as is” and put restrictions on the child. If, however, the drug use is due to parental negligence, then the offending parent is likely to see their time with the child reduced. In this article I will discuss a very important topic – dealing with situations which involve physical or sexual abuse. If you are in need of assistance then contact my office today to speak with a lawyer.
If your child’s safety is in immediate danger then it is important to contact law enforcement as soon as possible. Once the police have resolved the situation then the next step is to immediately contact a lawyer. Counsel will file an Emergency Motion to Modify Child Custody and request that the Clark County Family Court hear the matter on an expedited basis. If the other parent was arrested, or law enforcement saw credible evidence of abuse, then the Court will likely order that the offending parent’s visitation be limited and/or supervised (if not suspended for the time being). The Court will then set a “status check” date to receive an update as to the status of the criminal case and any pending CPS charges. If CPS chooses to open an investigation, then that process must typically run its course before the Family Court Judge will make any type of final ruling.
If you believe your child is being abused, but you lack evidence, then it is important that you speak with an attorney as soon as possible. If you make claims to CPS, or to the Court, and those claims are found to be unsubstantiated, then under the Mack-Manley decision you may find that the Court believes you were trying to interfere with your counterpart’s parent-child relationship. This can result in the Court actually awarding a greater share of custody to your counterpart. If the situation is not an immediate emergency, which requires police intervention, then it is important to discuss your situation with counsel. An attorney can help you understand whether to make a claim to CPS, whether to file for a change of custody, and with what other options you may have.
If you believe that your son or daughter is in danger then contact my office today to speak with a Las Vegas child custody lawyer. I have handled many cases involving emergencies and I understand the gravity of the situation which you are facing. My office will give your case the attention it deserves and I handle all matters in the office personally. We are ready to assist you. Contact us today to speak with an attorney.