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Legal issue in Nevada...?
Read this scenario:
Father has primary custody of 13 year old daughter, father and step-mother fight for a year then finally separate, court temporarily orders custody to be modified so bio-mother and father have joint custody. Bio-mother cares for daughter while father is at work so daughter is not home alone. Three months later father has to move out of home and child and father move in with father's mother. Court orders temporary custody change to be permanent. Father finds new girl friend five months after step-mom and father separate. Father and Bio-mother agree daughter enroll in High School using bio mom address, Eight months after meeting girlfriend, father moves child in with girlfriend and girlfriend's daughter, suddenly. Father's new home is on the other side of town from where child and father have lived and away from mother. Father's move was not discussed with bio-mother and was briefly mentioned to daughter once a week before the move, then nothing else was said until the day before the move....
Does bio-mother have a chance of getting primary custody if she goes to court?
Are these good enough reasons for the court to favor mother?
Please do not tell me that I should see a lawyer, I am asking this question to determine if there is enough evidence with just these events.
Thank you,
The father had primary custody by mutual agreement, until mother asked the court to change it at the time father and step mother split up. Courts immediately modified order to 50/50
Custody was modified to 50/50 and it is 50/50 currently
6 Answers
- 1 decade agoFavorite Answer
Did you forget you are a woman? At least in my state women get the say so. Seriously. i am the step father in a simalair situation as my fiance' is going thru this sort of.
number one, the child is enrolled in school under moms address, like us. Meaning, mom already has legal custody of the child and he has no right, to "just take" the child whenever he wants, even under joint custody.
Number two, you are the mother, you gave birth to the child. The courts put that in your favor.
As long as u have a stable home, you have first rights to custody.
No, u do not need to see a lawyer, just go the the courthouse and file whatever u need, and maybe see judge.
It helps as in who files custody actions first, too.
you have a big chance of full custody and the say so over everything. You just need to follow through and not go light on the situation.
Also, screw joint custody, it only caused huge problems. Get child support. don't piddle around think u feel bad taking money from him. i pay child support and proud of it. he needs to pay no matter what, Especially if he is the one that left you and failed to build a family.
Got it? good.
Source(s): life is my source, good luck mom - 1 decade ago
honestly, if a mother doesnt get custody off the bat, then there is a serious skeleton in her closet. There was a reason the courts saw fit to give custody to the father. I mean, the mother ALWAYS gets custody, unless she is unfit. So knowing this is how the judicial system works, I would have to say that there is little chance of a major reversal in custody decision just because of an across town move. Now if he were moving to New York, that would be a different story, but across town is a minor issue.
I feel sorry for the child regardless of the outcome. Such stability does wonders!
- rabidkittyLv 71 decade ago
Wow. Both parents are screwed up. Something tells me mom is no angel even though none of her BS is listed in this scenario.
Nevada is the state with the highest rate of custodial fathers so mom is more likely to lose in NV than any other state in the union. Nevada Family Courts do not allow moms to play the "I have the vagina so I should get custody card."
I feel for the kids. if mom and dad can;t live together. they should live across the street from each other...literally. No dating for either. no single parent should put their glands before their children. EVER.
Because children never win in such a situation. EVER.
- Nevadan and child of divorced home.
- 1 decade ago
The court will question why you didn't have custody from the beginning . So if there are issues there you should be sure to have them cleaned up before you approach the courts. Also unless the father contests you shouldn't have a problem. If he does contest the court should still grant you 50/50 physical custody unless there are skeletons in your closet.
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- Anonymous1 decade ago
Yes mother (bio) has the right. The only reason a court would not favor this is the mother was found to be unfit. drugs, abuse, ect.ect.
- ChrysLv 71 decade ago
don't know..you'd have to ask the court...it's too convoluted a question to contemplate.