What type of circumstances are needed to be granted a change of custody in Nevada? What is the chances of having custody changed

Asked over 1 year ago - Las Vegas, NV

My ex moves from state to state to avoid dealing with custody, and so that the law always lands in his favor. He has lived in nevada for 6 months and now I want to go before a judge and ask for a change in primary care. He moves regularly from state to state, has our daughter living with someone she had never met before and sleeping in a bed with a kid she didn't know prior to moving in with her. He leaves her at his parents house in a totally different state than what he is in for months at a time. I am married, have three other children, a stable job and home. He was only given primary care 1st time around because I had no attorney to defend myself.. I want my daughter back I go a year at a time before seeing her and he denies me access all the time. I need help!!!

Attorney answers (2)

  1. Jill K. Whitbeck

    Contributor Level 18

    Answered . First, he cannot be moving from state to state without your written permission. Doing so does NOT divest a state of jurisdiction -- only if you fail to do something about it for 6 months so that the new state has jurisdiction. Second, if your existing court orders are not from the state he is in now, you first need to domesticate those orders where he is now and then seek to modify them. In Nevada, modifying custody requires proving a material change in circumstances that substantially affects the child's welfare. The court will not lightly take a child from one primary parent and "give" the child to another parent for primary custody. You need REALLY good evidence that you can better serve your child's best interests (as defined in NRS 125.480(4)). Hearsay (what the child tells you, and what others tell you) is NOT evidence. Your word vs. his word is not good evidence. You need more. Consult with an attorney to learn more about what you need, how to get it, and how to present a custody modification case.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  2. Boris A. Avramski

    Contributor Level 14

    Answered . You need to hire an attorney to assist you with this.

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