Legal Question in Family Law in Nevada
child custody ?'s
My ex girlfriend currently has physical custody of our son I signed child support enforcement papers and have been paying since the time of his birth and providing medical insurance we have a verbal agreement that I get to visit him every other weekend I have heard a lot of reports that she has left him home by himself and she likes to use the visitation schedule to her advantage if i don't agree with her she will not let me take him for my weekend. There were reports of her drinking while pregnant with her last child and atempting suicide while my son was present she has not been able to hold a job and has been arrested numerous times yet she accuses me of being unstable and giving my son mental problems I have held my job and perfomed all of my responsibilities to the best of my abilities what if any rights does a non-custodial parent have to fight for custody.
1 Answer from Attorneys
Re: child custody ?'s
In Nevada, the case law requires you to show that there are changed circumstances from the time of the last custody order and that it is in the best interests of the child that custody be changed. To pursue a change of custody you would need to bring a motion setting forth the reasons you believe warrant a change of custody. If the court believes that you have made a threshold showing of these two factors then the court can order an evidentiary hearing to address the request. The court can also order an evaluation to see what is going on in your girlfriend's life, your son's life and your life. The judge can also order you and your girlfriend to attend mediation to try and work out a better arrangement with your son. At a minimum, you should pursue court ordered visitation so she cannot threaten you with no visitation.