This is the next post in my handling of emergency child custody cases in Las Vegas, Nevada. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with a family law attorney as soon as possible if you believe that your son or daughter is in danger. It is important that you speak with counsel sooner, rather than later, or else the Court may be less likely to consider the matter an “emergency.” In this article I will discuss a very important topic – the fact that parents must refrain from engaging in “self-help” when faced with extreme circumstances. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
The Clark County Family Court considers it self-help when a parent takes matters into their own hands and simply begins to ignore an existing child custody order. While it is understandable that parents sometimes do so out of a belief that their son or daughter is in danger, it is important to go through the legal process instead. I have previously discussed what child custody judges will consider to be an “emergency,” as well as the fact that parents sometimes view the situation as being more dire than it actually is; a disagreement is typically not an “emergency.” If the facts clearly present an emergency, then your attorney can file a Motion with the Court in order to request a custody modification. If the facts of the case justify it, then the Judge will hear the matter on an expedited basis (typically within a day or two). If a child is in imminent physical danger, and there is not time to speak with counsel, then it may be necessary for a mom or dad to contact law enforcement.
Engaging in self-help can have a negative impact on your case. If one violates the Court’s order without justification then the Judge will likely view such conduct as a frustration of the other parent’s relationship with the child. Under the Mack-Manley decision, as well as other Nevada law, such frustration of the parent-child relationship may actually give the other party a basis to request a modification. In other words, the parent who was wrongly accused of egregious conduct may have grounds to increase their time with the child. By discussing your situation with counsel and going through the appropriate process, and not taking matters into your own hands, you help to ensure that such an outcome does not occur.
If you believe that your son or daughter is truly in danger then contact my office today to speak with a Las Vegas child custody lawyer. I will use your initial consultation to gain an understanding of your situation, to give you my opinion as to how a Judge will likely view the facts of your case, and to help you understand the best path forward. I devote my practice to the handling of family law and my firm strives to provide the highest levels of service. Contact us today to speak with an attorney.