What Happens At First Custody Hearings In Nevada

What Happens at a First Custody Hearings In Nevada

A child custody hearing is one of the most challenging parts of a divorce. 

Sometimes, it is an ordinary and necessary step for both partners to move forward. In Nevada, couples seeking a divorce with children must attend mediation. The mediator will see if the pair can agree on legal custody, physical custody, visitation, and other matters during mediation.

There are two types of custody; legal custody and physical custody. Legal custody involves being legally able to make decisions on the child’s behalf. Most custody disputes are over physical custody or where their child will primarily reside

What Happens At First Custody Hearings In Nevada

What happens during a first custody hearing? The following will help you know what to expect when you begin the custody process.

What Happens at the First Custody Hearing?

In general, the courts favor joint custody so that both parents share the physical responsibilities of the child. One parent may get granted primary custody, meaning that is the parent the child will spend most of their time with. 

There are many factors a judge must consider when determining a custody dispute. The court will always attempt to make a ruling in the child’s best interest.

The court must consider several factors when making its decision. These factors can include:

  • The child’s age
  • The child’s mental and physical health
  • Psychological and physical health of both parents
  • Lifestyles of both parents
  • Each parent’s ability to offer a stable environment for their child
  • Willingness to cooperate with the other parent to meet the needs of the child

The judge may also look at the outside testimony to help determine what is best for the child. This can include testimony from family and friends, child phycologists, representatives from CPS, or other witnesses.

Depending on the child’s age, their wishes may also get considered. In the end, the court will attempt to do what they deem best for the child.

While this may seem very straightforward, it can be a complicated process. You will want a skilled child custody attorney to help provide the best case in your favor. The family law attorneys at Rosenblum Law Firm can help get you the best outcome for your current custody dispute.

Questions to Expect

Every custody hearing will involve the judge asking a series of questions. These questions will aid them in making their decision on the custody dispute.

You can expect questions on:

  • Preferences on a custody schedule 
  • Drug and alcohol use
  • Domestic Violence
  • A parenting plan to relocate with the child
  • Financial status
  • Communication with the other parent
  • Personal life and significant others

Custody Hearing Tips

Here are a few handy tips for when you are at your hearing. When in doubt, defer to your attorney to take care of any questions or issues that you find difficult.

  • Trash-talking your spouse will make you look bad. Please leave it to your attorney to tactfully address your former partner’s shortcomings legally. 
  • Brush up on your courtroom etiquette. You don’t want the judge to question your behavior.
  • Dress for the courtroom. Wear nice clothes, take out the piercings, and cover tattoos. Some people may make judgment calls on your attire. Dressing up shows respect for the court and the judge.

When the Court Makes its Decision

Once the judge makes their decision, this might include a decision about the designations of custody arrangement and visitation rights. Remember that even if you disagree with the judge’s decision, it is best not to have a bad reaction in front of the judge – this will still be the judge that hears your case in the future, so telling the judge they are wrong won’t help if you need to return to family Court. 

Instead, if you receive a poor decision, you should talk to your attorney about asking for a new hearing or clarifying parts of the decision you don’t understand. If the decision is wrong, you may consider filing an appeal. Keep in mind that it does not guarantee a different judge.

Having a skilled family law attorney such as the team at The Rosenblum Allen Law Firm can help you every step of the way. If you are not satisfied with the judge’s ruling, they can help you determine your next step.

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Frequently Asked Questions

How can I prepare for a custody hearing?

Discover essential tips for preparing for a custody hearing, including gathering evidence, meeting with your lawyer, and practicing composure under pressure to strengthen your case.

What if my ex and I agree on custody before the hearing?

Learn about the option to create a custody agreement with your ex-spouse before the hearing, potentially saving time and reducing conflict by presenting it for the judge’s review and approval.

Can I speak directly to the judge at a hearing?

Understand the typical communication process at a custody hearing, where most communication occurs through your attorney, but brief direct address to the judge may be permitted in certain circumstances.

Can custody arrangements be modified later?

Explore the possibility of modifying custody arrangements in the future due to significant changes in circumstances affecting the child’s well-being, while bearing in mind the court’s preference for stability.

How long do custody hearings usually last?

Gain insight into the varying durations of custody hearings, from shorter, straightforward cases to more complex, contested hearings that may span multiple sessions over several months.

What if I can’t afford an attorney?

Discover options for obtaining legal representation or assistance with custody cases, including researching low-cost legal aid services in your area that may offer free representation or support.

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Joint Custody – Custody arrangement where both parents share in decision-making and physical custody.

Primary Custody – When one parent has the child living with them most of the time and makes day-to-day decisions.

Legal Custody – The right to make important life decisions about a child, like medical care and education.

Physical Custody – Which parent the child lives with on a regular basis.

Visitation – The scheduled time a non-custodial parent spends with their child.

Parenting Plan – A written plan of the custody schedule and arrangements for caring for a child.

Testimony – Oral statements made by witnesses under oath at a legal proceeding.

Appeal – A request to a higher court to overturn a lower court’s decision.

Modification – Making changes to an existing custody order, which requires showing a substantial change in circumstances.

Evidence – Documents, statements, photos, videos, etc. presented in court to prove facts and support a case.

Courtroom Etiquette – Rules of respectful behavior expected during court proceedings.

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Additional Resources for You

For those navigating the complexities of family law in Las Vegas, our lead attorney, Molly Rosenblum Allen, Esq., has meticulously crafted a wealth of resources to assist you during these challenging times. The Rosenblum Allen Law Firm’s dedication to providing support and guidance is evident through the comprehensive information available on various pertinent topics. Below you’ll find a list of resources created to help you understand your rights, the legal processes involved, and the strategies that can aid in achieving the best possible outcomes for your situation:

  1. Las Vegas Custody Attorney: Understanding child custody laws in Las Vegas is crucial for any parent involved in custody issues. Find detailed information and guidance here: Las Vegas Child Custody Attorney.

  2. Fathers Rights: Fathers seeking to understand and protect their rights in the realm of child custody can find a trove of valuable insights at: Fathers Rights.

  3. Supervised Visitation: Navigate the nuances of supervised visitation, including what to expect and how to manage visits effectively: Supervised Visitation.

  4. Changing Custody Agreement: Circumstances change, and so can custody agreements. Learn how to approach modifications with the facts for Nevadans: Changing Custody Agreement.

  5. Grandparents Rights Nevada: Grandparents also have rights and can play an essential role in a child’s life. Discover how these rights are recognized in Nevada: Grandparents Rights Nevada.

  6. Long Distance Co-Parenting: Co-parenting across distances comes with unique challenges. Get the facts on how to manage long-distance co-parenting effectively: Long Distance Co-Parenting.

  7. How a Mother Can Lose a Custody Battle: It’s crucial for mothers to be aware of the actions that could negatively impact custody disputes: How a Mother Can Lose a Custody Battle.

  8. Custody Battle Tips for Nevadans: Gain strategic insights to navigate custody battles with a focus on Nevada’s laws: Custody Battle Tips for Nevadans.

  9. What Not To Say In Child Custody Mediation: Words matter, especially in mediation. Learn what to avoid saying during child custody mediation: What Not To Say In Child Custody Mediation.

  10. How Much is a Custody Lawyer: Understand the financial aspects of hiring a custody lawyer in Las Vegas, helping you to plan accordingly: How Much is a Custody Lawyer.

  11. Types of Custody: Different custody arrangements can apply to different situations. Learn about the types of custody that could be relevant to your case: Types of Custody.

  12. At What Age Can a Child Decide to Stop Visitation: Age can influence a child’s visitation preferences. Find out more about this aspect of family law: At What Age Can a Child Decide to Stop Visitation.

These resources reflect the commitment of The Rosenblum Allen Law Firm to providing thorough and empathetic legal support to families and individuals facing legal challenges related to custody and family law.

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Offsite Resources You May Find Helpful

Here are seven offsite resources that provide information about what happens at first custody hearings in Nevada:

  1. Nevada State Bar: The official site of the Nevada State Bar, providing resources about various legal topics including child custody hearings.

  2. FindLaw: This online resource provides free legal information, a lawyer directory, and other resources on a wide range of legal topics, including child custody laws in Nevada.

  3. Justia: A platform that provides free legal information and a directory of attorneys for various legal issues, including child custody.

  4. Avvo: This website provides a directory of lawyers, legal advice, and other resources on a broad range of legal topics, including child custody.

  5. American Bar Association: The ABA provides a variety of resources on legal topics, including information on child custody hearings.

  6. LegalMatch: This online legal matching service helps individuals find lawyers in their area, including family law attorneys in Nevada who can provide guidance on child custody hearings.

  7. Nolo: This website provides legal information to consumers and small businesses, including articles, blogs, FAQs, and news on family law and child custody hearings.

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A Special Message fromOur Lead Attorney

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Molly Rosenblum, Esq

Thank you for taking the time to read the ‘What Happens At First Custody Hearings In Nevada’ resources. Your effort to inform yourself and understand the custody hearing process is commendable and represents an important first step in your journey.

Navigating the complexities of a custody case can be challenging and emotionally draining. Rest assured, my team and I are here to help. We have extensive experience in handling custody cases and we understand the intricacies of Nevada’s legal framework.

I invite you to call us at (702) 433-2889. This is your opportunity to discuss your situation in detail, ask any questions you may have, and explore your options moving forward. Our goal is to provide you with the necessary guidance and support to help you through this process.

Remember, you’ve already taken the first step by seeking knowledge. Let us help you with the next steps, so together, we can work towards the best possible outcome for you and your children.

Looking forward to hearing from you,

The Reason You Haven't Hired A Child Custody Attorney Yet​

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