Legal Question in Family Law in Nevada

My husband and I have been separated almost 2 years. When I found out he was cheating on me, we were living in Washington state. I moved to Nevada almost immediately after I found out, and he has not tried to keep a relationship with my son (at least not very much). He calls NEVER, claiming because he thinks he will fight with me (although I have told him numerous times I will hand the phone directly to my son and I do exactly that if he ever does happen to call), he has not accepted my request to be "skype" friends so they can talk over webcam. he saw him a total of 3 times last year, a total of about 20 days or less since june of 2009. he pays me absolutely no support and has given me a total of less than $700 since june 2009. we have barely started our divorce and now he is asking for 6 weeks every summer, all holidays every other year. our son just turned 4 this weekend, and has never had a consistent relationship with his dad. I am not worried about how his father is with him, but I am worried abotu how my son would adjust to being away from me for 6 weeks every summer when he has been with me every day since the day he was born. My son's father may have some dirt on me as I have sent him a lot of mean text messages out of frustration. however, i have never tried to take his son away from him. all our problems are between us. i want my son to have a relationship with his dad, but i don't want it to come at the expense of making my young child travel by air to go see him for extended periods of time. my questions are A. does he have a chance given that he hasn't really made an effort up to now? and B. if he does get out of state visitation, will they allow it to be for 6 weeks straight, when he has year round school and his whole life is where we live? we have no family up there, it is just my husband and his live in girlfriend. I live in nevada with parents, i am in nursing school, trying to make a better life for my son, and i have an army of friends and family that alijeh knows and loves to help me out. will they take my son from his environment to be with his dad in a place he knows no one? i have no problem giving him even close to HALF the time with his son, if only he lived where we did. i just don't think its right to have a 4 year old travelling and going somewhere he is not familiar with just to see someone who doesn't really make an effort. anything helps. thanks.


Asked on 1/16/11, 2:26 pm

1 Answer from Attorneys
Marshal Willick Willick Law Group

You don't indicate where the divorce is ongoing. Presuming it is Nevada, your husband's claims seem unreasonable and unlikely -- from your recitation. But these things are notoriously fact-specific. For background information and materials on both support and custody, see:

http://www.willicklawgroup.com/child_custody_visitation

http://www.willicklawgroup.com/child_support

You should probably seek consultation with an appropriate family law specialist. If you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

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Answered on 1/21/11, 4:17 pm


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