Legal Question in Family Law in Nevada

Changing Joint Physical Custody

I currently have Joint Legal and Physical Custody. My son's father has not taken them or supplied any financial/emotional support for the children in almost a year now. He is also homeless. I feel as though it is now time to change the agreement so I have primary/full physical custody. He will not willingly agree. Is this a very difficult custody change?


Asked on 4/17/08, 3:01 pm

3 Answers from Attorneys
Jim Herbe Black & Lobello

Re: Changing Joint Physical Custody

Thank you for your inquiry.

I believe that you would have an extremely strong case to petition the Court for a change in physical custody and support. If the father is currently homeless, a Family Law Court judge would strongly weigh that factor in granting you primary physical custody. Your petition is strengthened further if the father is delinquent on child custody payments. Such a scenario could even result in the father being held in contempt of court.

My office handles all family and domestic law matters. Contact my office if you'd like to schedule a free consultation.

Regards,

Jim Herbe

702.966.5686

Read more
Answered on 4/21/08, 1:58 pm
James Smith James E. Smith Ltd.

Re: Changing Joint Physical Custody

Court is not suppose to change custody based on poverty unless it is in the best interest of the child.

Read more
Answered on 4/17/08, 4:28 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Changing Joint Physical Custody

I disagree with Mr. Smith. The boy's father is homeless so how can he have the child half the time. Further, there has been no emotional or financial support. While I don't think a judge will terminate parental rights, he would certainly contemplate a change of custody.

If you would like an in person consultation, please email me with your phone number and we can set it up.

Read more
Answered on 4/17/08, 4:44 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Nevada