Legal Question in Family Law in Nevada

Re: Custody and Child Support

Thank you for your inquiry.

You would be able to petition the Court for a modification in child custody and support. From your inquiry it seems like your financial and personal lives are in more stable conditions than at the time of your divorce.

I can tell you that if your children are of school age then a Court will be very reluctant to allow you to have custody during the school week. However, you would have a strong claim for joint custody that might expand your weekends and entitle you to summer and school breaks.

I would need to discuss your matter in more detail to adequately advise you of your situation. Contact my office if you'd like to schedule a free ocnsultation.

Regards.

Jim Herbe, Esq.

702.966.5686

Re: Custody and Child Support

You can ask for more time but the kids may have a say in it. If it looks like your motive to get joint physical custody is to lower or eliminate child support the court is unlikely to modify the status quo. It must be in the children's best interest for the court to grant equal time sharing.

Re: Custody and Child Support

I believe both attorneys missed the mark, they did not want to give you bad news in the hopes of getting a client. To get a change of custody, you must show a material change in circumstances for the children and that their welfare will be substantially enhanced by the change.

Second, support should be reviewed every three years so you child support could go up.

I would ask the Court for additional visitation. The key to this would be how far do you live from your ex-wife. If the drive is more than five minutes, a judge is not inclined to grant weekday overnight visitation. If you live in the school zone, I think the judge would give you more time.

Have you talked to your ex about this? Sorry to be negative but it would be a shame to spend $2,500 on an attorney and the only thing you get is a higher support order.