What to Expect at a Custody Hearing in Nevada
Disagreeing with your co-parent about your child’s custody can be an extraordinarily difficult experience. Parents who must go to court naturally wonder what to expect at a custody hearing. It is a structured court process involving reviewing evidence, statements from both parents, and issuing custody and parenting time orders. This process is one you should not have to handle alone.
At Mills & Anderson, we routinely guide parents through Nevada custody cases and bring over 70 years of combined experience in family law. When you work with us, our partners, not junior staff, lead your case from start to finish. Let us be your guide through the child custody process. Contact us today online or call (702) 386-0030 to schedule a consultation.
What Happens in Custody Court?
When parents or other guardians disagree about a child’s custody, they bring their disagreement to a family court. A custody hearing is a court proceeding where a Nevada family judge decides where a minor child will live, who will be responsible for caring for them, and when.
When the case begins, the court may hold a preliminary custody hearing, after which the judge issues short-term rulings that apply to the parents while their long-term custody case moves through the court system.
Unless the parents reach a mutually agreeable resolution that appears to be in the child’s best interests, they must attend a later custody hearing to resolve long-term custody arrangements. The judge usually issues a final custody order, which remains in place until the child is no longer a minor, unless a parent requests a modification based on changed circumstances.
What Happens at the First Custody Hearing?
The first custody hearing typically focuses on temporary structure and safety. The judge may:
- Set a short-term schedule,
- Define drop-off rules, and
- Order communication tools or classes.
When parents cannot agree on a custody arrangement at the preliminary stage, the court typically refers the case to mediation. It may also request evaluations of each parent or the child’s needs or set deadlines for exchanging documents.
What Happens at a Custody Hearing for Long-Term Custody?
Each side offers evidence and legal arguments at a custody hearing to show that their proposed custody arrangement is in the child’s best interests. The judge uses this evidence and documents you file before the hearing to decide what custody arrangement to order.
What Does the Judge Want to Know About?
Nevada judges base custody decisions on the best interests of the child, considering:
- The ability of each parent to provide safety and stability;
- Each parent-child relationship and the amount of involvement the parents have in daily routines;
- How each custody plan supports school performance, friendships, and activities the child enjoys;
- Each parent’s age, health, and ability to meet the child’s needs;
- How well parents can communicate and encourage a healthy relationship between the child and the other parent; and
- Depending on the child’s age and maturity, the child’s preferences.
The judge wants clear, practical information about these areas. Showing how your plan supports your child’s safety, health, and stability can make a stronger impression than criticizing the other parent.
Sometimes, the judge will request to speak with the child directly or ask a professional custody evaluator to provide an opinion about what would be best for the child. When a judge speaks to a child directly, the conversation typically occurs in the judge’s office (their “chambers”), or the judge may assign a specialist to interview the child. The parents generally coordinate with any evaluators to schedule a time for them to speak with your child.
The Custody Hearing Process
Custody court hearings follow clear steps. You check in with court staff, meet your attorney, and enter the courtroom when called.
Specifically, the custody hearing process typically involves:
- Check-in and security. If your appearance is virtual, you simply login with the link your counsel or the court has provided. If you are appearing in person, you will pass through courthouse security, go to the assigned department, and check in with the courtroom marshal.
- Confer with counsel. If you did not arrive together, meet with your attorney to review your evidence and the witnesses you plan to call.
- Call of the case. Court staff notifies you to enter the courtroom. There, the judge announces who you are and what the hearing involves, confirming those details with you and your lawyer.
- Opening remarks. Each side briefly summarizes what its evidence will show is the proper custody placement. During short term hearings, the Court will rely on the documents already filed and brief argument of counsel, rather than allow formal presentation of witness or evidence.
- Preliminary issues. The court sets ground rules and may address urgent matters such as safety, how parents physically exchange custody of the child, and protective orders.
- Presentation of evidence. For your long-term custody hearing, also referred to as an “evidentiary hearing” or “custody trial”, each side brings witnesses to the stand to present testimony, documents, and any expert opinions. These opinions may come from professionals such as child psychologists, social workers, custody evaluators, or medical providers.
- Cross-examination. One side asks questions to the other side’s witnesses.
- Judge’s questions. The judge may ask direct questions to clarify facts.
- Closing remarks. Each side summarizes key facts and explains why its proposed plan is best for the child.
- Ruling or scheduling. The judge issues orders or sets additional steps such as mediation, parenting evaluations, or a trial date. If you have participated in an evidentiary hearing, the court may issue a final ruling from the bench immediately following the trial, or the court may take the matter “under advisement”, meaning the judge will make a ruling and announce it at a later date.
Every hearing ends with an order, specific next steps, or both.
Questions Asked at a Child Custody Hearing
Some of the questions asked at a child custody hearing include:
- Daily routine. Who gets the child to school, activities, and appointments?
- Health and education. How do you handle medical visits, therapy, homework, and teacher meetings?
- Communication. How do you share updates with the other parent? How do you resolve disagreements?
- Home environment. Where will the child sleep, study, and play? Who else lives in the home?
- Parenting history. What caregiving tasks have you handled over the past year? How often?
- Schedule and work. What is your work schedule, commute, and flexibility for pickups and emergencies?
- Co-parenting conduct. Do you support the child’s relationship with the other parent? How do you manage exchanges?
Clear, specific answers, such as describing a school-day routine or medical appointment process, help the judge see how your plan supports your child.
Why Work with Mills & Anderson
Child custody disputes can be some of the most emotionally demanding experiences of people’s lives. At Mills & Anderson, we bring over 70 years of combined experience to Nevada custody hearings. Our firm serves families in Las Vegas, North Las Vegas, Henderson, and throughout Clark County, and we are ready to help you fight for your child.
Contact us today online or call (702) 386-0030 to schedule a consultation. We can explain what to expect at a custody hearing, build a plan that fits your family, and advocate for you and your child.
