Question asked on Jan 09th, 2017
Q: I moved back to Nevada and he would not let me see my child for a year now then I found out I am supposed to have supervised visits ..only because he lied and said he couldn’t get a hold if me and he has not been following that order and he also went to jail for domestic violence in front of a child and child endangerment. I filed for full custody because he is clearly unfit and its an unsafe environment. I have my other children and texts as well, do I have a chance?
A: You ask two questions, the answers to which are “maybe” and “yes.” No competent lawyer would attempt to provide a guess as to a custody decision with those few facts, but this may be of some use: if there is clear and convincing evidence of domestic violence relating to a child, a presumption arises that the perpetrator should not have sole or joint custody. Of course, zero contact for a year without trying to do something about it within that time might well be taken as evidence of abandonment on your part, and even if “he lied” there is some kind of existing record of a reason to restrict your access. You really need an in-depth consultation with a family law specialist to review the full history involved to get a meaningful evaluation of your situation, but in the meantime the statutes, some guidance, and lots of other child custody resources can be reviewed here.