More details to this question:
First 9 months of child's life parents lived together unwed. Mother and child moved 400 miles away. Child spent every other month with father. Often mother would say she couldn't afford and child would stay longer with father. 6/2010 father moved to same town as child and started having her several days a week. 9/2010 mother let child move in with father. 9/2010 - 9/2011 visits with mother were sporadic. 9/2011 to present mother had child 1 night a week or less.
1 ANSWER
If I understand the facts posted correctly, no court anywhere has ever made a custody determination. If so, this is a classic "one-year look-back" situation as described in the 2009 Rivero Opinion of the Nevada Supreme Court (it is posted for review, along with other resources, at http://willicklawgroup.com/child-custody-and-visitation/). Presuming the father's time-share is calculated as greater than 60% of the total custodial time, he would presumably be found to be the primary physical custodian.
Answered on Sep 01st, 2013 at 5:34 PM