Child custody disputes comprise the majority of family law matters that the parties usually decide retaining an experienced child custody lawyer becomes necessary. Many people have the mistaken impression that financial disputes comprise the majority of family law matters. This is not true. In many cases people will leave money on the table before they will concede issues of child custody.
Child Custody can be a very contentious issue and often times the child is put in the middle of a dispute that is between the parents. It is important to note that in many circumstances mediation is a more effective way to work out a child custody dispute. In mediation, the needs of the children are put first, and an independent party (the mediator) works with the parties to come to an agreement that both sides can live with. In fact, almost all contested child custody matters are initially referred to the Family Mediation Center by the Court to encourage settlement.
Not all child custody matters can be settled in mediation however. Sometimes the gap between the parties cannot be bridged as it becomes a zero sum game. For example, if one party insists on primary physical custody and the other party wants joint physical custody and neither party is willing to concede those positions, a settlement in mediation is not likely.
We feel settling child custody disputes out of court when possible is always best. The parties are more likely to have a better co-parenting relationship after the matter is closed if they have mutually agreed upon the terms of the settlement as opposed to a Judge ordering the result. This improved co-parenting is better for the child.
Again, settlement is not always possible and in that case you will want to make sure your attorney is experienced in child custody litigation and is prepared to go to trial.
A child custody dispute requires an experienced, aggressive child custody attorney that is capable of going into court and fighting for your custodial rights. An experienced child custody attorney understands Nevada law and also knows the tendencies of the various family court Judges in Las Vegas. Each Judge weighs each custody factor differently.
An inexperienced attorney may neglect to mention factors that particular Judge considers strongly while focusing on issues that Judge does not consider as relevant. All the while the client is not being represented to their maximum benefit.
Emily McFarling is a Certified Family Law Specialist with an emphasis on child custody.
If you have questions or need assistance with a child custody matter in the Las Vegas, Nevada area, contact our office at 702.565.4335 and set-up a consultation with one of our qualified child custody lawyers.