Legal Question in Family Law in Nevada

Can he try to get custody of my son

I was divorced from my husband during my pregnancy. My ex-husband was not involved at all during the pregnancy. After my son was born he is now interested in being a part of my son's life. My son is now 4 months old and his father has not yet seen him. His father wants to be part of his life, but not until he returns back to the states (which wll be in 2008). He plans on visiting him when my son turns 7 months but he thinks that it' ok for me to leave my son alone with him. I don't feel safe doing so. Should he get unsupervised visitation when he comes to see his son? And can he try to get custody if he hasn't really been physically there during the first couple years of my son's life?


Asked on 1/30/07, 4:38 pm

2 Answers from Attorneys
Jeffrey Cogan Law Offices of Jeffrey A. Cogan, Chartered

Re: Can he try to get custody of my son

I am curious. Did the Decree of Divorce make a determination that your ex-husband is your son's father? Until that happens, he has no rights. If the Order did give him visitation and he has not exercised it, you can require supervised visitation.

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Answered on 1/31/07, 12:50 am
James Smith James E. Smith Ltd.

Re: Can he try to get custody of my son

In Nevada the father is entitled to joint custody and visitation, married or unmarried. He will be entitled to visitation. Normally, the Court does it on a graduated basis. Supervised at first would be appropriate. He will not likely get physically custody unless you do something to warrant it, e.g., not let him have visitation.

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Answered on 1/30/07, 5:44 pm


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