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  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.


Marshal S. Willick
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