custody rights of father
My wife has had an affair and I am seeking divorce. She now denies sleeping with the man.I want to know if in Nevada it matters that she was adultorous and I also want to know how that can effect the child custody. I want physical custody and share the kids 1/2 the week and I want to know how likely is it that since I'm the father that I will get physical custody over my wife.the kids are 4 and 9. 4 yrs ago in another state she left me and my first daughter for another man,(for 3 months) for the child I decided to reconcile- will a judge take that into account when deciding physical custody? Does it matter that I have done everything a decent faithful husband should do, or will the court not care about that? I have very concrete evidence that she slept with 2 other men.
2 Answers from Attorneys
Re: custody rights of father
Unfortunately, Nevada does not really consider adultery in divorces and child custody. The only consideration there is that if the man has a criminal record or drug abuse, that will be considered. Don't move out of the house unless you take the children with you. If you are seeking only 1/2 the week, the judges now are trending toward that rather than just the weekends so I believe your odds are very good.
If that is the case though, you will still have to pay child support, the amount being 25% of your two salaries or incomes.
Re: custody rights of father
Nevada is a no fault divorce state which means that your wife's extra marital affairs will not be taken into consideration. When looking at custody, the court looks at who has historically taken care of the children, e.g. taken them to the doctor, attended parent teacher conferences, etc., and the court looks at the parties' respective work schedules. Some Judges favor joint physical custody (50/50) custody, some don't. Therefore, you should get an attorney familiar with the Judges so that you can file a peremptory challenge if necessary.
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