Legal Question in Family Law in Nevada

Can I file for divorce & start a custody case in NV?

He had an affair. We agreed to have him care for the kids in our home while I got on my feet. We would work out visitation and such after. He filed for Legal Sep in 2004 and an emergency ex-parte claiming I kidnapped the kids, even though he knew they were with me for a wk during the holidays. I didn't know abouthearing, I didn't go, he now has Sole legal & physical custody of all 3 children and we are legally seperated. He also quit his job to collect welfare and I have been ordered to pay for the 3 yrs he collected. I have not fought any actions in court and nothing else has happened since the follow-up hearing 3-2005 where a mediator agreed that I should have vistiation each weekend, and he has never allowed me to. I want to start the case for divorce and custody in nv since I have lived here since 2003.


Asked on 8/01/09, 8:20 pm

1 Answer from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

You have a big uphill problem in that you have not done much since 2003, over five years ago. He has sole legal and physical custody and you will have to show a material change in circumstances and that your children's welfare will be substantially enhanced by custody to you. Any good lawyer should tell you that even to win a "slam duck" case should cost you a minimum of five thousand dollars.

Read more
Answered on 8/06/09, 9:40 pm


Related Questions & Answers

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