Legal Question in Family Law in Nevada

Does having a new baby and marriage constitute a significant change in circumstance in child custody?

My boyfriend any I have been together for 4 years. I am pregnant with our first child together.

He has 2 kids from his first marriage. About a year ago, he won the full physical custody of both children. The kids have been doing great in school and healthwise ever since the change of custody (originally it was joint).

The ex filed for appeals and since in Nevada we don't have an appellate court, it went straight to the Supreme Court.

The Supreme Court order is expected shortly and likely will confirm the District Court order of giving the full physical custody to my boyfriend.

My question is, is it best to reveal that I am pregnant before the Supreme Court order or after? If revealed after, will it constitute a significant change in circumstance and will my boyfriend's ex be able to file a new case with the courts?

Also, if we were to get married, would it be best to do it now, or can we wait after the Supreme Court order? Like I said, we've been together for 4 years, I'm not a criminal, and she's been well aware that I have been in the kids' and my boyfriend's lives and this has been discussed extensively during the court case.

Thanks!


Asked on 3/26/13, 3:59 pm

1 Answer from Attorneys
Marshal Willick Willick Law Group

Short answer: no.

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Martin v. Martin, 120 Nev. 342, 90 P.3d 981 (2004)

"As for James�s remarriage as a basis for changing the child custody arrangement, most courts have concluded that remarriage alone is not enough to establish changed circumstances.[7] We agree with these courts because if remarriage alone could signify a change in circumstances, then children�s home environments could be destabilized solely on that basis. Stability is one of the primary objectives behind the changed circumstances requirement, and children�s stability should not be disturbed simply because the noncustodial parent has been remarried.[8] Consequently, James�s remarriage alone is not enough to establish changed circumstances.[9]"

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Similarly, a new sibling, by itself, is not a fact constituting a "change of circumstances." For a discussion of the law, see http://willicklawgroup.com/child-custody-and-visitation/.

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Answered on 3/26/13, 4:26 pm


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