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My ex is now trying to get 50/50 custody of our 3 out of 4 kids we have together. Can he do that?

Las Vegas, NV |

Ive had them all since birth. I also have 2 other children with different dads. He now wants 50/50 custody since I put him back on child support and reported his wife owns a business. What can I do so he cant get 50/50 custody, and I keep full physical custody of my children?

Attorney Answers 4


A parent can always ask the Court to modify prior custody orders when there is a change in circumstance. Your questions does not indicate what your Ex's reason for his 50/50 request is. The Court will examine his request while analyzing the best interests of the children. In other words, just because a parent desires a modification of custody it does not mean one will be ordered by the Court . Your Ex must meet the applicable burdens of evidence in any request he makes to modify the existing custodial order. I suggest that you consult with an experienced custody attorney in your area to discuss the details of your matter and help form the most comprehensive legal strategy possible to accomplish your goals. Hope this helps!

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Any evidence that you can present demonstrating that it would be in your children's best interests that you retain primary physical custody would be helpful in persuading the court. For example, report cards, affidavits from friends/relatives, etc. Notably, Nevada courts do favor joint physical custodial arrangements where its logistically feasible and it finds that its in the best interests of the children. Have you been served with court documents by your ex? If so, you must seek legal guidance and have legal representation in Court.

Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

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I can't tell from your question but I am guessing that no prior custody order exists for these kids. The court will look at the history of custodial care. But if both parents are fit, and have relationships with the children, the court generally gives joint physical, which is a time share in the 40% to 60% range. Best to consult with a family law attorney.

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He has the right to seek joint custody with the Court. The Court will look to many factors in making this determination as to whether or not giving him joint custody is in the best interest of the children. You will need to prove to the Court that it is not in the childrens' best interest to have this custody arrangement (based upon his lack of visitation, prior custody etc depending on the facts of your case). Custody is fact specific and without additional information it is difficult to advise what exactly you would need to prove or show, to prevent changing the custody arrangement, as joint custody is the statutory preference.

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