This is the next post in my series on how to file an emergency child custody Motion in Las Vegas, Nevada. My last article discussed the process for requesting an emergency custody change. When the situation is urgent then the Court may be willing to hear it on “shortened time,” which can occur within as little as a few days. Understanding how to make such a request is key to gaining an expedited hearing. In this article I will discuss the need to establish urgency when claiming that the matter is an emergency. If you are in need of assistance then contact our office today to speak with a Las Vegas child custody lawyer.
When parents are claiming that their child custody case involves an emergency then they must be able to show that the situation is truly urgent. The Court will only consider the matter to be an emergency if the youth’s safety or wellbeing is in some form of imminent danger. Disagreements over parenting styles, or situations which are more minor in nature, may be a basis for changing custody but will not be a basis for an immediate hearing. Claiming the situation is urgent and requires immediate attention, when it does not, can sometimes result in the Court not wishing to give your case the attention it may otherwise deserve. This may hurt an otherwise viable request to change custody.
The foregoing is best explained by way of example. Suppose a mother has the child Monday through Thursday and the father has the child Friday through Sunday. Now suppose it is shown that the father does not require their child to do required homework on the weekends. As a result, the child regularly shows up to school on Monday with their assignments uncompleted. While this type of conduct, as part of a broader context, may warrant some action by the Court, it will not be considered an emergency. Failing to require the completion of homework does not put a child’s safety or wellbeing at immediate risk. If the mother were to file a Motion, claiming that the matter is an emergency, then the Court may believe that the mother is overreacting.
Whether or not the Court will consider a particular set of circumstances to be an “emergency” will always depend on the specific facts of the matter. All situations are considered as part of their overall context and no two cases are the same. With that said, there are some situations which clearly constitute an emergency. These can include drug use in the presence of the child, a parent regularly driving drunk with the child, cases which involve physical or sexual abuse, etc. Speaking with an attorney can help you to understand how the Court may view your particular matter.
If you believe that your son or daughter is facing some sort of imminent threat then it is important that you contact law enforcement immediately. It is also important that you speak with a family law attorney as soon as possible. The sooner you speak with counsel, then the sooner they can file any necessary Motions with the Court along with a request for an emergency hearing. I am a Las Vegas child custody lawyer who devotes her practice to the handling of family law and I recognize the serious nature of such cases. My office will give your matter the attention it deserves. Contact us online or by telephone to schedule an initial consultation.