I Missed My Family Court Date in Nevada. What Happens Now?

Introduction: A Sinking Feeling (And a Path Forward)

If a family court date is missed, the situation is serious but not hopeless. Your heart may race, and you might fear losing custody or facing fines. Nevada law provides steps to address a missed hearing, and acting quickly can influence the outcome. This guide outlines what to expect, common consequences, and practical steps to protect your rights.

Immediate Consequences the Court May Impose Without Your Presence

Missing a family court date can lead to significant court action, not just a minor delay. Possible consequences include:

• Default or Default Final Orders
  The court may grant the relief requested by the other party, which could include contested custody arrangements, child support, alimony, or other relief. If a default order is entered, it may later be challenged under a Motion to Set Aside under certain conditions.

• Bench Warrants or Enforcement Actions
  In matters such as child support or enforcement proceedings, the court may issue a bench warrant to compel your appearance.

• Contempt of Court
  Failure to appear can be treated as contempt, carrying fines, jail time, or other sanctions depending on the circumstances and type of hearing.

• Shifting Costs or Fees
  The court may require you to cover some or all costs, including attorney fees, caused by your absence.

• Interim Risk to Parental Rights
  Depending on timing, the missed appearance can affect ongoing custody or visitation orders, especially if the court relies on information available at the time.

Your Remedy: The Motion to Set Aside

If a default, contempt finding, or other adverse order arises from a missed date, the primary legal remedy is a Motion to Set Aside the order or to reopen the proceedings. This asks the court to undo or revise actions taken because of your absence.

What Counts as a “Valid Excuse”?

Nevada requires excusable neglect or good cause. Examples commonly recognized by courts include:

• Documented medical emergencies or hospitalization

• Car accidents or transportation incidents preventing attendance

• Lack of proper service or notice of the hearing

• Other unforeseen and compelling circumstances beyond your control

Important caveat: Forgetfulness alone is usually not sufficient. The court will assess:

• Reasonableness of your excuse

• Promptness in acting after learning of the missed date

• Whether there was fault or notice

Key factors courts consider:

• Timing of the motion to set aside (deadlines matter)

• Quality and completeness of supporting evidence

• Whether the other party would be prejudiced by reopening the matter

Time is a Critical Factor

Deadlines in Nevada are unforgiving. Under Nevada Rules of Civil Procedure (NRCP) 60(b), motions to set aside must generally be filed within 6 months of the judgment, but courts emphasize prompt action to avoid the judgment becoming final and unassailable. Even one day’s delay could drastically affect your parental rights, child custody, or alimony. Immediate action is essential.

How a Family Law Attorney Can Help Immediately

A knowledgeable Nevada family law attorney can:

• Evaluate whether excusable neglect or good cause exists

• Determine the correct procedural route (Motion to Set Aside, ex parte relief, or other mechanism)

• Prepare and file the motion correctly, with supporting affidavits and documentation

• Advise on potential interim relief while the motion is pending

• Communicate with the court and opposing party to protect parental rights, custody, and financial interests

Your next steps should be swift and precise. Do not wait another hour. Contact The Rosenblum Allen Law Firm immediately at (702) 357-4957 or our contact page to understand your options.

Important Disclosures and Disclaimers

This article provides general information and is not a substitute for legal advice. Nevada law and local court rules vary by county and over time.

• The precise statute or rule governing setting aside defaults in family court may differ from civil practice. Verify exact references with a Nevada attorney or the court clerk.

• Outcomes depend on the judge, timing, and quality of evidence supporting excusable neglect or good cause. Prior results do not guarantee future outcomes.