Parents with JudgeThis is the next post in my series discussing what a father’s options are if the mother of his child has filed a baseless TPO against him. My last article explained why TPO’s are common during custody wars and how the Court deals with them. In this post I will discuss the pros and cons of a father asking the Court for primary custody after a mother has filed a false TPO against the father.

Purposefully filing a false TPO against a child’s parent, particularly to gain a custody edge, is highly frowned on by the Clark County Family Court. However, whether a father should take the next step and ask for primary custody is a judgement call that must be considered carefully. To begin with, the father should think about the ability to co-parent with the mother moving forward. Filing a false TPO is a huge breach of trust; the father may have to consider what led the mother to take this action, if he believes she is capable of change and getting along, and if something similar could happen in the future. Second, a father must consider what is in his child’s best interests – is the mother a stable and responsible parent? What is the quality of the child’s relationship with the mother? Third, the father must consider if he is able to be a full time and primary caregiver. Depending on what the previous custody arrangement was, primary custody may be a significant difference in the father’s time with his child. He must consider how that would change his life and what if he is able to make such a commitment.

When the Court is deciding custody matters it will consider the amount of effort each parent puts into getting along with the other parent. If a mother has filed a false TPO then that will likely be seen as a strike against her willingness to co-parent effectively. Whether or not a father believes the mother’s actions should warrant her losing full time custody is a judgement call that should be considered carefully.

If your ex has filed a false TPO against you, and you are concerned about whether or not she will be willing to co-parent effectively in the future, discuss the situation with your attorney. Your counsel will walk you through the pros and cons of the situation, and help you make an informed decision that is right for your family. Contact our office today to speak with a Las Vegas fathers’ rights lawyer.

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