Legal Question in Family Law in Nevada

My girlfriend and her 4 year old daughter were living with me in Michigan. She abruptly left to Las Vegas to marry her baby daddy. after a short time of being married she filed for divorce and is trying to leave the state of Nevada where she has lived on her own with the child since just receiving a granted divorce. In an attempt at controling her and revenge the father has petitioned the court to make them stay or only the daughter stay if the mother refuses to stay. She has parental custody currently and is allowed temporary relocation prior to an evidentury hearing in April.

My question is as follows: Would her relocation and sole custody position be greatly improved if she was to return to Michigan and get married to myself showing a better family environment for the child based on my stability and a structured lifestyle?

FYI.. the baby daddy has other children that he has not supported and also has allowed his children to be drop-outs as well as him being previously arrested for a home meth lab, over 400k in tax debt and also a gambling problem.

I know this should sound cut and dry but legally what would a new marriage bring to the table for her?


Asked on 3/01/11, 3:19 pm

1 Answer from Attorneys

Marshal Willick Willick Law Group

Not much. According to the Nevada Supreme Court, marriage is, in and of itself, not a sufficient custody modification factor. That said, "stability" is a major factor -- situational, relationship, employment, and residence. For background, see http://www.willicklawgroup.com/child_custody_visitation.

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Answered on 3/01/11, 9:16 pm


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