Child Custody Hearing - What To Expect - Right Lawyers

Child Custody Hearing – What to Expect

Child custody is one of the most stressful parts of a divorce. A child custody hearing can feel intimidating, especially if you are not sure what happens at the first custody hearing or how much will be decided at that first court date. Understanding the process and how Nevada courts look at custody can help you walk into court prepared and confident.

Nevada requires parents with children to attend mediation through the Family Mediation Center before a final custody decision is made. Mediation, temporary orders, and hearings work together to create a plan that is in your child’s best interests while the case is pending, and after it is finished.

What Is a Custody Hearing?

If you are asking, What is a custody hearing, think of it as a formal court date where a judge reviews information about your child, your family, and your requested parenting plan. The judge uses that information to make decisions about where your child will live, how parenting time is shared, and who makes important decisions for the child.

There are two main types of custody: legal custody and physical custody. Legal custody is the right to make major decisions for your child, such as education, medical care, and religious upbringing. Physical custody relates to where your child lives and how parenting time is divided between homes. Nevada courts generally begin with a preference for joint legal custody, and often joint physical custody, unless there are reasons that would not be in the child’s best interests.

What Happens at the First Child Custody Hearing?

Many parents expect the first court date to decide everything. In reality, when you ask “what happens at the first custody hearing,” the answer is that it is usually a preliminary hearing. The judge typically focuses on procedure and short-term stability, not a final order.

At the first hearing, the court may:

• Confirm that all required pleadings and paperwork have been filed correctly.
• Identify the main issues in dispute, such as decision-making, parenting time, or relocation.
• Issue temporary custody and visitation orders to stabilize the child’s routine while the case continues.
• Order the parents to attend the Family Mediation Center to work on a parenting schedule.
• Set deadlines for exchanging financial information, documents, and proposed parenting plans.
• Schedule future status hearings, evidentiary hearings, or trial dates.

Courts in Nevada often prefer both parents to have frequent and meaningful contact with the child. Joint custody is presumed to be in the child’s best interests, unless there are safety concerns or other serious issues. In some situations, one parent may ask for primary custody or even sole custody, and the court will examine all facts carefully before changing away from joint custody.

A judge also considers the factors the court considers under Nevada law, such as the child’s needs, each parent’s stability, and any history of domestic violence or neglect. These best interest factors guide both temporary and final orders.

What to Expect at a Custody Hearing

If you are wondering what to expect at a custody hearing, it is helpful to know that the judge is focused on your child’s daily life and long-term well-being. The hearing is not about which parent is the better person. It is about which parenting arrangement best supports the child.

You can expect questions about:

• Your proposed custody schedule, and why it is in your child’s best interests.
• Each parent’s work schedule, housing, transportation, and child care plans.
• Any concerns about drug or alcohol use, domestic violence, or unsafe behavior.
• Any plans to relocate with the child out of the area or out of state.
• Your financial situation and how you will meet the child’s day-to-day needs.
• How you and the other parent communicate about the child, and how often conflict occurs.
• Your current parenting arrangement, even if it is informal, and how it is working.
• Your personal life, including any significant others who may live with you or spend frequent time in the home.

Every child custody hearing is different, but most judges want to see that you are calm, organized, and focused on your child instead of attacking the other parent. How you present yourself can influence how credible your testimony appears.

Temporary Orders, Mediation, and Evaluations

The first hearing often results in temporary orders. These orders can cover where the child will live, how often the child sees each parent, and how exchanges will happen. If one parent is granted primary physical custody on a temporary basis, the other parent typically receives visitation rights.

The court may require the parents to attend the Family Mediation Center, or a similar mediation program, to work out a detailed parenting schedule before any trial. If there are serious concerns about safety, parenting capacity, or high conflict, the court may also order a custody evaluation, appoint a neutral professional, or set an evidentiary hearing to hear more extensive testimony.

How to Prepare for Your First Custody Hearing

Good preparation is one of the best ways to protect your relationship with your child. Before your court date, consider gathering:

• School records, report cards, attendance reports, and notes from teachers.
• Medical records, therapy notes, and information about ongoing health needs.
• Proof of your housing, such as a lease, mortgage statement, or utility bills.
• Pay stubs, tax returns, or other proof of income.
• A proposed parenting plan that outlines weekdays, weekends, holidays, and vacations.
• Communication logs that show how you coordinate with the other parent about the child.
• Any photos, calendars, or messages that reflect your day-to-day involvement with your child.

Also, think about how to answer common questions simply and clearly. Judges appreciate direct answers that are backed up by specific examples. If you feel unsure about how to prepare, talking with an experienced child custody lawyer near you can make a big difference.

Courtroom Etiquette and First Impressions

How you behave in court matters. Judges notice whether you show respect for the process, even when you feel frustrated. Some helpful tips include:

• Avoid insulting or attacking the other parent. Let your attorney, or the evidence, explain legitimate concerns. Save emotional venting for a counselor or trusted friend.
• Dress in clean, conservative clothing that shows respect for the court. This is not about fashion. It is about demonstrating that you take your child’s case seriously.
• Learn basic courtroom etiquette, such as when to speak, how to address the judge, and how to respond to questions. If you are represented, your Las Vegas divorce lawyer can walk you through what to expect.

Judges are human. They cannot decide your case based on whether they like you personally, but how you present yourself can affect how they view your credibility. For more insight into how judges think, you can read about what the person making these decisions is focused on.

When the Judge Makes a Final Custody Decision

If the parents reach a full agreement, the court can turn that agreement into a final order. If there is no agreement, the case may proceed to an evidentiary hearing or trial, where each side presents witnesses, documents, and arguments. The judge then issues a final custody order that addresses legal custody, physical custody, parenting schedules, and child support.

If one parent receives primary physical custody, the other parent usually has a detailed parenting time or visitation schedule. Even when one parent has a larger share of time, the court still wants the child to have a stable relationship with both parents whenever it is safe to do so.

If you strongly disagree with the final order, speak with an attorney about your options. Appeals focus on legal errors, not simply on whether you are unhappy with the outcome, so the best time to protect your rights is before and during the hearing itself.

Need Help Preparing for a Nevada Custody Hearing?

If you still feel unsure about what to expect at a custody hearing or how to present your case, you do not have to handle everything alone. A knowledgeable custody attorney can explain the process, help you gather evidence, and guide you through each step in a calm, structured way.

To discuss your specific situation, you can schedule a consultation with an experienced Nevada divorce and custody lawyer at Right Divorce Lawyers by calling (702) 914-0400 or using the contact form on our site.