This is the next article in my series on how to file an emergency child custody Motion in Las Vegas, Nevada. My last article discussed what to expect when attending a change of custody hearing. Family Court Judges will often hear a matter on “shortened time” if they believe the situation to be an emergency. It is important to understand, however, that the Court will only consider the matter to be an emergency if it believes that your son or daughter is in some form of imminent danger. Retaining an attorney to assist with the situation can help you to make the best possible case to the Judge. This article will discuss the process of litigating an emergency custody case. If you need assistance then contact my office to speak with a lawyer.
Discovery provides Las Vegas parents with the opportunity to gather evidence in child custody proceedings
The discovery process will begin after the initial hearing is held and the Court has set a trial date. This process allows parents to gain needed evidence in preparation for trial. It is possible to require that the other side provide written answers to written questions through Interrogatories. The other side can also be required to provide documents and records through Requests for Production. Also, depositions may be used to gain sworn testimony from the other party as well as from non-party witnesses. If such a party were to attempt to offer different testimony at trial, their sworn testimony can then be used against them. These are just some of the methods which can be used to collect evidence.
Las Vegas parents must understand that discovery is crucial to prevailing at trial. Contrary to what is portrayed in the media, trials are not won with last-minute “surprise” evidence. Instead, trials are won by presenting evidence that is methodically collected during the discovery process. Discovery is governed by the rules of civil procedure. If these rules are not followed then the other side may not be required to respond to your requests. Retaining an attorney who is familiar with this process is important to making sure you have the evidence you need at trial.
Child custody trials will be decided by the Judge
Cases heard in Family Court are decided by a Judge and not a jury. Trial will begin with each side making an opening statement. The parent requesting the change will then present their evidence and witnesses. The other parent will present their case and the requesting parent can follow with rebuttal. Rebuttal is not a time for the raising of new arguments. This part of the case may only be used to directly respond to claims made by the other side. Each side will then make a closing argument and the Court will issue its decision.
Litigating a family law matter can quickly become complicated. Having an attorney to assist you can help to ensure that your case is handled correctly. I am a Las Vegas child custody lawyer who practices solely in the area of family law. I understand that this is an important time for both you and your child. My office will give your case the attention it deserves. Contact us online or by telephone today. We look forward to speaking with you.