The Discovery Process in a Nevada Child Relocation Case

Posted by on Dec 18, 2013 in Child Relocation | 0 comments

This is the next post in my Understanding child relocation series. My previous post discussed how mediation can be helpful in a child relocation case. This post will focus on the discovery process in a Nevada child relocation case and how it is essential to assist you and your attorney’s success.

Understanding how discovery can help you relocate your child outside of Nevada

Discovery is important because it is how you prepare your case for trial. It is a process where one party can require the other to provide information. The more information your attorney obtains, the better prepared he or she will be. This process allows you to require that the other party provide written responses to questions and that the other party provide requested documents. You may also obtain documents from third-parties and you may gain the sworn testimony of the other party as well as third-parties. Nevada law allows for discovery in cases involving the relocation of children just as it does in any other divorce or family law matter. If you properly request information from the other side then they have no choice but to participate.

Types of discovery typically conducted in Nevada child relocation cases

There are multiple methods by which you may gain discovery from the other side. One, Interrogatories, is providing written questions to the opposing party which they must answer. A second, Requests for Admissions, are straight forward questions in which the opposing party must either admit or deny the truth of the question. A third, Requests for Production, require the opposing party to produce documents or other items that are relevant to the case. Fourth, depositions allow you to gain the sworn testimony of either the other party or third-persons. Finally, subpoenas allow you to obtain documents from third-persons. Your attorney may utilize all of these tools during the discovery process.

Issues typically explored and investigated during Nevada child relocation cases include alternative visitation, how travel for visitation will be effectuated, financial information, drug or alcohol issues, employment, the extent to which each parent will be available to care for the child, and alternative child visitation, just to name a few.

Many Las Vegas residents mistakenly ignore the discovery process during their child relocation case. Discovery, however, can result in the difference between winning and losing your case. It is a matter of being more prepared versus being less prepared at the trial. Not only is it important to ask for and follow through with discovery, but also to answer it as well. When the other side issues discovery requests to you, it helps your attorney prepare as he or she will gain insight about what to expect from opposing counsel at the trial. The discovery process is important but can be complicated and will probably require the help of an attorney to assist you.

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