QUESTION
How do I get sole custody of my 3 month old?
Asked on May 15th, 2014 on Child Custody - Nevada
More details to this question:
Ex spouse wants me to have primary physical custody and joint legal custody. He wants visitation one weekend day a week, and then overnights every other weekend when baby is older. He has not offered me any money for the daily upkeep of the baby. He's also trying to get out of paying alimony. He does not have a lawyer and assumes I'm taking care of drawing up divorce appears, and he has not offered to pay half the legal fees. I can't work right now because the baby needs constant attention. It seems as though he's trying to get out of the divorce "Scott free" and with barely any responsibilities on his part. All I would like is full custody of the baby and allow him visitation at my discretion, since that's kind of what we've been doing so far. Can it be possible, in the state of Nevada, to grant me full custody?
1 ANSWER
Your question has several parts. As to the question you actually ask, the custody schedule you describe pretty much IS "sole custody." At least very much primary. Or is it legal custody you are asking about? They define this way:Legal custody refers to the power to make important decisions regarding your children. The Nevada Supreme Court has defined it as involving a parent “ having basic legal responsibility for a child and making major decisions regarding the child, including the child’s health, education, and religious upbringing.”If you have sole legal custody, you are the primary and final decision maker for significant matters regarding your children, such as which school they attend and who their health care providers are. The non-custodial parent may still have parenting time and other rights, but does not have the right to make those decisions.Physical custody refers to the physical location of the children, that is, where they spend their time. Like legal custody, it may be awarded to one parent solely, or to both parents jointly. It also may be awarded primarily to one parent, and secondarily to the other.Specific parenting time must be clearly stated in any parenting agreement, regardless of who has physical custody. Provisions for days of the week, school breaks, summer and other vacations, and holidays are typically made in detail. For further background, information, and materials, see:http://willicklawgroup.com/child-custody-and-visitation/http://willicklawgroup.com/child-support/A consultation with a qualified family law specialist is a good idea. If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada (702-386-1070 (or see their web site). The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200. Additionally, there are free 15-minute consultations offered on Thursdays at the self-help center. Self-representation forms are available at the Clark County self-help center website.
Answered on May 17th, 2014 at 6:07 PM