This is the next post in my series on the handling of emergency child custody cases in Las Vegas, Nevada. My last article discussed the handling of matters in which the other parent is using drugs. If you find yourself in such a situation then it is important that you contact a family law attorney immediately. The longer you wait to contact counsel, then the less likely the Court is to truly consider the matter an “emergency.” In this article I will address a topic that, unfortunately, is too common – drug use by one’s son or daughter. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
It goes without saying that any use of drugs or alcohol by a child is something which the Clark County Family Court will take seriously. How the Court will address the situation, however, is going to depend on the extent to which one parent is failing to provide the child with a proper and supportive environment. If a parent is doing everything that can be done to prevent the child’s behavior, then the Court may put requirements in place but not modify custody. Examples of such requirements may be to make sure that the child attends some sort of drug counseling, etc. If, on the other hand, it is alleged that one parent’s negligence is causing the behavior then the Court is more likely to reduce, if not outright restrict, that parent’s time with the child. How a Judge may deal with such situations is best explained through example.
Suppose the parents have joint custody of the child and their son or daughter splits their time fifty-fifty between the two households. Now suppose that the child is found to have been smoking marijuana at school with friends on more than one occasion. The behavior is not shown to have occurred anywhere other than on school grounds. If the child is doing well in school, and both parents are taking steps that the child is not out late and is doing his or her homework, then the Court may leave the current custody arrangement in place. The parents, however, would likely be required to limit any contact between the child and potential bad influences. It is important to remember that how the Court will rule in any given case is always going to depend on the specifics of the situation.
Now suppose that the parents share the child fifty-fifty. One parent does not adequately supervise the child, fails to enforce a curfew, and is otherwise negligent. Now suppose that the child is found to be using drugs during their time with the negligent parent. Under these circumstances, the Court would be much more likely to modify custody and give primary care of the child to the more responsible parent. If the circumstances warrant it, the offending parent may even be placed under a requirement of supervised visitation until such time that they demonstrate the ability to more responsible.
If you believe that your child is using drugs, and you wish to change child custody, then contact my office today to speak with a Las Vegas lawyer. I devote my practice to the handling of family law matters and we pride ourselves on providing the highest levels of service. We are ready to assist you. Call to speak with an attorney.