QUESTION
Can I lose custody of my daughter over my lying to the police and fabricating story?
Asked on Oct 23rd, 2013 on Child Custody - Nevada
More details to this question:
Can I lose custody of my daughter? I have been in a new relationship for four years. 3 years ago my current boyfriend and I got into a domestic dispute on New Year's eve. Unfortunately, too much alcohol was consumed and not knowing the consequences of my actions, fabricated my statement to police. My boyfriend was charged with disorderly and domestic. I did not press charges. The county I lived in did. I was going to admit I lied or try and retract my statement but his lawyer advised me not to because I could also get in trouble and the county that we lived in would pursue charges regardless. There are no other charges on his record and no other instances have occurred since then. My daughter's father found out about these charges from 3 years ago and said he does not feel my daughter is safe and is going to try and get full custody or have a judge rule my daughter can't be around my boyfriend. Can he do this? We have joint custody and I have primary placement. My daughter is safe and these events that occurred were because I lied in my statement and happened 3 years ago. My daughter's father had a drug addiction to pain pills and went to rehab; recently he joined as a member of a bike gang. In my opinion, he would not have the ability to do what hes threatening given his track record. However I am scared and would like advice. The thought of my daughter not being able to live with me is unsettling. Please help.
2 ANSWERS
William M Stoddard
custody has to do with what is in the best interest of the child. Dishonesty of a parent is one of the factors if custody is disputed. So the answer is a technical yes, but probably not the only reason for losing custody.
Answered on Oct 24th, 2013 at 10:58 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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He may file for custody but this will require him to file a motion for a change in custody designation. More evidence would have to be supplied other than the Domestic violence in your home. If you are the primary parent and you are in Nevada, he would have to prove that there is a substantial change in circumstances affecting the welfare of the child and that a change of custody would be in the child's best interest. It seems to me that these are just idol threats, but you cannot file anything ahead of time. Should such a motion be filed I would recommend meeting with competent counsel to oppose it.
Answered on Oct 23rd, 2013 at 4:42 PM