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Child Custody; The Most Contested Divorce Issue

by anonymous

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When couples decide to divorce you often here threats of “I’ll take half”. Many would be surprised to know that most lawyers would agree that child custody, not property, is the most contested issue in Divorces  Las Vegas.  


During the economic boom of a few years ago parties were more likely to fight over property but now that most people’s homes have negative equity, the sole issue to debate is often the child custody. Just how much will people fight over child custody in a contested matter? Well it varies by the person and the scenario but in a hotly contested matter it is not uncommon to see several months worth of litigation that culminates in a bench trial leaving a Judge to make the final child custody determination.


It is the job of the lawyer in the contested child custody proceeding to inform the client of the advantages and disadvantages of taking a contested child custody matter to trial. In many cases the lawyer is right to advise the client to reach a settlement as this is more cost efficient. An experienced Las Vegas child custody lawyer should be able to use their experience of being in front of a particular Judge to advise the client as to the likely outcome of the matter. This experience and knowledge can hopefully convince the client to accept a settlement, saving the client money in the process.


In extremely contested matters, some clients insist on their day in Court and for the Judge to make the final child custody determination. Although an experienced child custody lawyer should warn the client against litigating simply for the sake of litigating, the client still requires full presentation through the trial in an attempt to obtain the child custody goals as set out by the client.


It is not uncommon for two parents that are both equally fit to have physical child custody to continue on with a contested matter despite an obvious final outcome of joint physical custody. In these cases, the court usually attempts to show its hand to the lawyers for the parties as to where the court is likely to rule as a way to then have the lawyers convince their client’s to settle the matter. The court’s goal is to save judicial resources, especially when it is obvious that the contested nature of the matter is clearly due to the conflict between the parties and not an actual issue that should require a judicial determination. The court expects an experienced child custody attorney to properly advise their clients on the law and what the court should be using its valuable time to determine and what the parties should be settling outside of court.


While an experienced Child Custody Lawyer Las Vegas may cost more per hour than one with little to no experience, you can see the value one could obtain in a contested matter and how this experience could actually save a client money in the long run.

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