Legal Question in Family Law in Nevada
Is this enough for a change in custody?
Dad had primary custody of 13 yr old, Dad & step-mom fight for a yr then separate, court temporarily orders custody to be modified so bio-mom & dad have joint custody. Bio-mom cares for child while dad is at work so child isn't home alone. 3 months after custody mod dad has to move out of home & move in with dad's mom. Court orders temporary custody change to be permanent. Dad finds new girl friend 5 months after step-mom and dad separate. dad and Bio-mom agree child should enroll in High School using bio mom address, 8 months after meeting gf, dad moves child in with gf & gf's kid, with no prior discussion at all Dad's new home is on the other side of town from where child & dad have lived & away from mother. dad's move wasn't discussed with bio-mom. Dad still has not given bio-mom address like specified in order.
Does bio-mom have a chance of getting primary custody in court?
Are these good enough reasons for the court to favor mom?
Can bio-mom hold dad in contempt of court order since he is avoiding emails, phone calls and still hasn't given mom an addesss?
What docs should be filed so we can see the judge asap?
Please do not tell me that I should see a lawyer, I am asking this question to determine if t
1 Answer from Attorneys
Re: Is this enough for a change in custody?
As I understand it, your 13 yr. old is living, half time, with paternal grandparents instead of with natural father.
You are the natural mother and want the child full time if the child isn't going to live with natural father the other half of the time, as previously ordered by the court.
If this is the case, then your appropriate remedy would be to file a Motion to Modify Custody asking the judge to award you primary physical custody based upon changed circumstances. You would file a Motion, a support affidavit and a notice of hearing, get a hearing date and serve Dad.
You could also ask, within the same document, for a Motion for an Order to Show Cause asking that dad be held in contempt of court for not complying with the court's prior orders--be specific about what was ordered and how you tried to get dad's compliance.
There are no guarantees---if you were my client, these are the steps that I would likely take, based upon the limited information that you have provided.
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