This is the next post in my series on obtaining a temporary child custody order in the state of Nevada. My last post discussed obtaining temporary custody due to an emergency. It is important to understand that, if your son or daughter is in danger, then it may be possible to obtain a Court hearing within a short period of time. Retaining counsel sooner, rather than later, is important if you consider the matter to be urgent. In this article I will discuss another important topic – why it is important to speak with an attorney, before calling CPS, if you are seeking temporary custody due to a dangerous situation. If you are in need of assistance then contact my office today to speak with a lawyer.
Unfortunately, it is not uncommon for parents to contact Child Protective Services immediately if they believe their child is in danger. It is important to understand, however, that CPS does not immediately respond to requests. If your child is in a truly life threatening situation then the first thing to do is to call the police. CPS, by contrast, will take a report and decide if an investigation should be opened. A substantial amount of time may pass before a caseworker actually takes action on the matter. If the situation does not involve imminent physical harm to the child, but is an “emergency,” then, as stated in my prior article, an attorney will be able to help you get a hearing in Family Court relatively quickly (possibly within a few days). This means, therefore, that if your child is in imminent danger then it is best to contact law enforcement. If the situation can wait a few days then it is best to contact an attorney. As I will explain next, it is not advisable to contact CPS before speaking with a lawyer.
One can hurt their legal case if they contact Child Protective Services before they contact an attorney. This is due to the fact that the Court may reduce the custody of a parent who is seen as trying to interfere in the relationship that their counterpart enjoys with the child. If a report is made to CPS, and CPS finds that report to be unfounded or unsubstantiated, then the reporting parent will often be seen by a Clark County Family Court Judge as having attempted to interfere in their counterpart’s parental relationship by making false claims. Given that CPS does not take immediate action, there is often little to no reason to contact Child Protective Services without first speaking with an attorney.
If you believe that your son or daughter is in immediate danger then it is strongly suggested that you contact the police. If you believe that you need a temporary change in child custody then it is suggested that you contact an attorney as, again, counsel can often get the matter into Court on an expedited basis if it is a true emergency. As a Las Vegas child custody lawyer, I am experienced in handling such matters. My office takes pride in providing a high level of service and we are ready to assist you. Contact us today to schedule an initial consultation.