Legal Question in Family Law in Nevada
For the last 4 years I've had joint custody of my 2 children (now ages 8 and 11) with my exwife. And for the last 4 years my kids have had the same complaint: their mother never spends enough time with them. She's either busy with her boyfriend, or busy talking on the internet to some other guy.
She recently changed work schedules which cuts into the time she has with them even more than her previous schedule. The kids spend a full 3.5 days per week with me (sometimes more) because I work 3 12s so I can be here for them the full time they're here. But now they only see their mother on Tuesday and Wednesday mornings before school, Tuesday evenings after school, Wednesday evenings until 8pm and Saturday and Sunday mornings. The rest of the time they're either with her mother (whom she lives with) or ex step father.
In 2009 I began keeping track of all the favors I've done for her. It came to a grand total of 47. I kept the kids late because she was running late, or picked the kids up early because she had to work, or had a date, etc.
Each week it's the same old thing. The kids come to my place and state that their mother is too busy to spend any time with them because she's either always on the internet talking to a male friend or dealing with her boyfriend.
Tonight I had asked her to meet up with me to discuss some problems we were experiencing with the kids. She agreed. She was more than willing to discuss the problems I was having, but when it came time to discuss the problems she was having (or rather, the problems the kids have with her not spending time with her) she had to go. She had a date. My son asked her to stay and hear him out, but she didn't have time. She was already late.
I own a home in another state which I rent out to pay for a rental here. If she's not interested in spending time with the kids, I see no real reason for me to be here. I rather be in my own home.
My question is, what are the odds of me getting full custody and moving to my own home in another state? The benefits of moving include living in our own home, a higher standard of education, 15-20% lower cost of living with similar pay, 2 fully retired grandparents who are more than willing to lend a hand and spend time with their grandkids, and many, many more activities for the kids to enjoy - it's a family oriented tourist area. I have a job offer for Monday - Friday, working 8am-4pm. I would need very little help with the kids, which both my fiance and parents would provide when needed. They would be in school most of the time I'm at work.
Do I stand a chance at getting full custody and moving? Any chance at all?
1 Answer from Attorneys
Well, the short answer to your question is "yes." The long answer is much longer.
The Nevada relocation statute (NRS 125C.200) provides that it applies in all cases where custody of the child has already been established. As you indicate that there is an order, the first question is how custody is defined in that order. The statute is linked at the page of our web site described below.
Also, the law in such matters has recently changed. The Rivero decision a few months ago redefined joint custody as any custodial relationship that is 60/40 or more even. If you really have 3.5 days per week, that satisfies the test. So you would be looking to (1) obtain primary physical custody, and (2) seek relocation. Both the Rivero decision, and a full discussion of the relocation statutes, and all cases issued to date on the subject (detailing that need, in advance, either the other party's written consent, or a court order granting permission), along with all of the statutes, cases, legal tests, and other materials, are posted on the Child Custody page of our firm web site, at http://www.willicklawgroup.com/child_custody_visitation.
You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.
If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.
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