What Happens At 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 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 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
- Plans 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 and visitation. 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 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.