QUESTION
***Nevada child custody and visitation***
Asked on Feb 13th, 2014 on Child Custody - Nevada
More details to this question:
My brother and his ex wife have a divorce decree for child visitation. My brother is remarried now and he has to work 6 days a week (sometime 7 days) There is no way for his new wife to watch the kids for him every weekend.(He's paying the ex $1500 alimony and child support but still have the kids every weekends)The new wife works with him and she's not happy about working 6days and still watch the kids for him which I totally understand. My brother's ex just keeping the kids to make sure she gets child support but she always find excuses not to pick up the kids after school so my brother ends up getting them during the week. My brother loves his kids but when you're paying $1500 and have no time for your new family you would get tired of it. I feel bad for the kids because their parents are too busy with their " NEW LIFE" I have a questions. 1."Visitation" mean you have right to take the kids from the other parent if you want to or you have to take them or it is against the law?
1 ANSWER
Your question, frankly, is a little hard to follow. If you are asking what custody relationship your brother ACTUALLY has, given that he apparently is keeping them both during the week and on weekends, it comes down to total time. If they are in his custody at least 40% of the time, looking back over the past year, then according to the Rivero case, regardless of the title given to his time in the decree, he has joint custody -- which has a lot of implications, for custody and for child support. To answer your last question, there is no specific definition of "visitation" -- rights are usually spelled out in the court order. If they are not, they could also be specified, or modified. See the explanations, and materials, posted at:
http://willicklawgroup.com/child-custody-and-visitation/
http://willicklawgroup.com/child-support/
If all is not clear, your brother should consult with a family law specialist.
Answered on Feb 15th, 2014 at 5:08 PM