Legal Question in Family Law in Nevada
My kids are unhappy and want to live with me
My ex-wife was allowed to move out of state to live with her boyfriend with our two children, one 13 and one 9 over a year ago. Now, the children are very unhappy. My 13 year old daughter states she feels and acts more of a mother to my 9 year old son than my ex-wife. My son feels as though he doesn't exist and spends most of his time in his room. They both feel very neglected and alone. They were told by my ex before they moved away that if they were unhappy that they could move back and live with me and my new wife. Both children have expressed their feelings to their mother on several occasions and she has denied them their option to move back. Now, they have asked me to do something. Can you give me some advice as to the steps I need to take and do I have a legal ground to stand on. Thank You
2 Answers from Attorneys
Re: My kids are unhappy and want to live with me
The legal basis to change child custody from one parent to the other is to show a "change of circumstances" from the time the prior custody order was entered. It looks like that might be the case from what you described.
The way a change of custody takes place is by a Motion to the Court, with documents the request. Another way is by a written agreement between you and their mother, which can then be submitted to the Court for approval.
I would urge you to contact an attorney in your community to bring this motion. I practice law in Las Vegas and would be happy to speak with you if you wish to hire someone to represent you.
Re: My kids are unhappy and want to live with me
Yes, you may be able to get custody. The children's preferences will be taken into account but are not conclusive. Please call 1-800-677-1010 for a $50.00 phone consultation. Keith Knochel, www.mohavebar.com and [email protected].
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