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Asked almost 2 years ago - Henderson, NV
FlagI'm a mother of a 5 year old and 16 mo. old. My husband and I are going thru a nasty divorce he has moved in a very unsuitable lady for our children to be around this lady will not allow my husband speak to me and I have to go thru her with everything. They have denied me the right to speak to our son I have had to have it court ordered for me to have once a week phone visitation why the kids are in his care, I’ve been denied these visitations and days later they will let him call the first thing I was told by our 5 year old is "Mom I’m never coming to live with you again, I’m leaving with my daddy forever" I responded "yes your living with your dad I love and miss you very much" he continues to repeat that he’s living with his dad I can hear his dad and g.f in the background laughing
If you wish to review the factors a court will review when reviewing any request to change legal or physical custody, see the materials posted at http://www.willicklawgroup.com/child_custody_vi....
First of all, if you are in a pending divorce matter, any "alienation of affection" is taken very seriously by the Court. Proving this is an altogether different issue. You MUST keep detailed notes on this, with dates/times of missed calls, and when you heard these types of disturbing comments from your child. Give this to your lawyer. If you don't have a lawyer, you need to bring this to the Judge's attention, and maybe you need to file a motion to make this stop. The factors for what is in the child's best interest, factors the Court "shall" consider, are found in NRS 125.480, subsection 4. Review these, and note which facts support each legal factor. Provide your lawyer with everything that supports the factors weighing in your favor. Good luck.
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