Question asked on Jan 19th, 2016
Q: My sons father and I have split and I’ve taken my son to my home state, where he was born. We were never married, and I am actively looking for employment. If he were to try to get custody now, would I have a fighting chance before I get a job? I’ve been my son’s primary caregiver since he was born and have been a stay at home mom until now.
A: Short answer: yes. Employment is not a requirement for custody, and often the stay-at-home partner has done much or most of the child care historically.
You have lots of other concerns, however, including that any custody action — if anyone files within 6 months — will be in Nevada. See “The Basics of Family Law Jurisdiction,” posted at https://www.willicklawgroup.com/child-custody-and-visitation/. At thtat location, youi will find the relevant statutes and guides to what factors are actually relevant in making a custody determination.
Mostly, however, what you appear to need is a consultation with a knowledgeable family law specialist, which you should seek out just as soon as you can.
- Child Support Laws in Nevada (Updated for 2025) - February 15, 2025
- New Cases added to MLAW: One COA Published: Kragen; One COA Unpublished: Garcia; Two SCT Published: B.S. and Cardenas-Garcia - January 5, 2025
- New Cases added to MLAW: Two SCT Published: L.R.S. and Falconi; Four COA Unpublished: Elmore, Xavier, Wilson, and Maldonado - October 8, 2024