Las Vegas father wins temporary child custody modification due to changed circumstances
Attorney Kari Molnar recently won a permanent child custody modification on behalf of a Las Vegas father. In a case where the mother had previously been awarded regular visitation with the Parties’ child, Kari successfully argued that the mother’s visitation should be reduced due to her negligent care of the child. This case was an excellent demonstration of the fact that Nevada does not automatically favor the rights of a mother over those of a father.
Kari’s client came to her wishing to modify the custody arrangement due to the fact that the mother had been leaving the child at home alone during her visitation time. Under Ellis v. Carucci, Kari demonstrated that the mother’s behavior since the last custody order was not in the child’s best interests. As a result, the mother in this case will now only have supervised visitation with the child and the father will act as the supervisor.
Nevada law protects a father’s ability to change child custody
Nevada law allows a parent to change child custody when circumstances warrant it. Under the Ellis decision, a parent wishing to change a Nevada child custody order must show two things. First, the parent wishing for a change must show that circumstances have changed since the last custody order filed with the court. Second, the changed circumstances must impact the child in a way that justifies the modification. The first step in the process of modifying a Nevada child custody order is to file a Motion with the Court requesting the change. When the Court hears the Motion, it can modify the custodial arrangement on a temporary basis until an evidentiary hearing (which is similar to a trial) is held. At the evidentiary hearing, the Court will make a decision as to whether custody should change on a permanent basis. On some occasions, however, the Court will be willing to forego an evidentiary hearing and make a permanent change at the initial motion hearing.
In Kari’s recent victory, mentioned above, the Court made a permanent change at the initial motion hearing and, as a result, Kari’s client will not have to expend time and money on an evidentiary hearing. Contact fathers’ rights attorney Kari Molnar today at 702.966.8315 to schedule your initial consultation.