This is the next post in my series on bringing an emergency request to change child custody in Las Vegas, Nevada. My last article provided an overview of topics which this series will be addressing and stressed the need to speak with a family law attorney if you feel your child is in danger. It is crucial that you immediately contact counsel as, the longer you wait to deal with the situation, the less likely the Court is to believe the situation is an “emergency.” In this article I will discuss situations in which a Judge is likely to consider the matter urgent. If you require assistance then call my office today to speak with a lawyer.
The Court will entertain a request to change custody if circumstances have significantly changed since the last Order was entered and if the proposed change is in the best interests of the child. It is important to understand that there are many situations, which would support modifying custody, that Judges would not consider to be an “emergency.” If the matter is truly urgent then the Court will likely hold an immediate hearing (a subject I will discuss in my next post). When contacting counsel, and setting your expectations, it is important to understand what constitutes an emergency and what does not.
Whether a situation is an “emergency” will be relatively obvious. Such situations include instances where the child is in some sort of physical danger, where he or she is in the presence of drug abuse or criminal activity, instances where the child may be subjected to inappropriate sexual conduct, etc. The Court will likely hear such matters immediately as, for obvious reasons, it is not in the child’s best interests for the Judge to schedule a hearing for six to eight weeks after the change of custody motion is filed. When attempting to understand what constitutes a crisis, it is best to ask one’s self whether the child is being subjected to danger or trauma.
It is not uncommon for parents to blow a disagreement out of proportion and to view the matter as a crisis. Disagreements over a child’s schooling, behavior, and activities likely will not be considered “emergencies” by the Court. It is also not an emergency situation if the child is failing in school or if the parents are going through an inconvenience created by one parent having moved further away. When a change of custody motion is filed then, again, the Court will schedule an initial hearing that will be held in six to eight weeks. For non-emergency situations the Court will expect parents to jointly work through non-emergency issues during this time frame.
If you believe that your child is in danger and you need to modify custody then contact my office today to speak with an attorney. I devote may practice to family law and am familiar with handling such situations. Call my Las Vegas office today.