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I live in Nevada and my husband has filed a motion for temporary physical custody citing anger issues on my part. Will he win?

Las Vegas, NV |

I do not have anger issues. He is unemployed and is giving no indication that he will become employed.
I am responding with opposition stating that I want physical custody.
My child is 8 months old and resides with me for a majority of the time. Although my majority time is slight as he has the child 3 overnights a week.
I am employed full time and do not have to have child care as I take the baby to work with me and my mother watches the baby when I am occupied. Otherwise I spend a good part of the day with my kiddo.

How likely is it that I can get physical custody?

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Attorney answers 1


Well . . . the factors you list are not those that a court must review in making a contested custody decision, and the time-share you describe sounds like joint physical custody as defined in the 2009 Rivero case. Both the case and the statutory factors list are posted at

The only way you will get a realistic evaluation of your question, however, is to have a full consultation with qualified family law counsel.

Of course, our providing information directly or by means of our web site does not create an attorney-client relationship or make us attorney of record in any case. It is our practice to have a written retainer agreement with every client we represent, so if we do not have such an agreement, you should presume that we are not (yet) your lawyers, and we are not providing legal advice, but only general legal information.