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  1. #1
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    Default How to Change Custody Based on Allegations That the Mother's Boyfriend is Abusive

    My question involves a child custody case from the State of: Nevada

    If there's abuse in her household. How would I be able to get custody? Like my issue is I have no evidence. The only reason I know is because my son said something that implies that he was abused by her bf. And I want to know what I can do to get full custody of him? The other thing is my relationship with him isn't that great and he prefers to stay with his mom. I am wondering what do I legally have to bring forth to prove she's unfit?

  2. #2
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    Default Re: Can a Dad Get Full Custody if the Mother is Abusive/ a Facilitator

    Quote Quoting cq37
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    My question involves a child custody case from the State of: Nevada


    If there's abuse in her household. How would I be able to get custody? Like my issue is I have no evidence. The only reason I know is because my son said something that implies that he was abused by her bf. And I want to know what I can do to get full custody of him? The other thing is my relationship with him isn't that great and he prefers to stay with his mom. I am wondering what do I legally have to bring forth to prove she's unfit?
    How old is your child AND is there already a custody order? And what you are describing is NOT the standard. You don't need to prove unfitness if you are the legal parent.

  3. #3
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    Default Re: How to Change Custody Based on Allegations That the Mother's Boyfriend is Abusive

    Quote Quoting cq37
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    Like my issue is I have no evidence.
    If in fact you have no evidence, it's a non-starter.
    Quote Quoting cq37
    The only reason I know is because my son said something that implies that he was abused by her bf.
    And when you asked him to clarify the statement, what did he say? Did he deny any abuse? How old is he?

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    Default Re: Can a Dad Get Full Custody if the Mother is Abusive/ a Facilitator

    Quote Quoting Ohiogal
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    How old is your child AND is there already a custody order? And what you are describing is NOT the standard. You don't need to prove unfitness if you are the legal parent.
    Huh? If mom has custody he has to have a substantial change of circumstance, and parental unfitness is one such potential change. Or were you referring to a an initial custody case when you said that?

    Quote Quoting cq37
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    My question involves a child custody case from the State of: Nevada

    If there's abuse in her household. How would I be able to get custody? Like my issue is I have no evidence. The only reason I know is because my son said something that implies that he was abused by her bf. And I want to know what I can do to get full custody of him? The other thing is my relationship with him isn't that great and he prefers to stay with his mom. I am wondering what do I legally have to bring forth to prove she's unfit?
    Dad, if you have nothing but the fact that he said something that implies it to you, then you are not going anywhere with a custody change.

  5. #5
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    Default Re: Can a Dad Get Full Custody if the Mother is Abusive/ a Facilitator

    Quote Quoting llworking
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    Huh? If mom has custody he has to have a substantial change of circumstance, and parental unfitness is one such potential change. Or were you referring to a an initial custody case when you said that?



    Dad, if you have nothing but the fact that he said something that implies it to you, then you are not going anywhere with a custody change.
    I was referring to if it is an initial case then it is based upon best interests. Mom may have "custody" by default. The other thing is that he doesn't have to prove unfitness in a modification. He has to prove a substantial change in circumstance (unfitness could be that change HOWEVER there are many other things that would qualify as well) and then best interests. So again, he doesn't NEED to prove unfitness.

  6. #6
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    Default Re: How to Change Custody Based on Allegations That the Mother's Boyfriend is Abusive

    Quote Quoting Mr. Knowitall
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    If in fact you have no evidence, it's a non-starter.

    And when you asked him to clarify the statement, what did he say? Did he deny any abuse? How old is he?
    he's 14 and yes he denied it.

    Quote Quoting llworking
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    Huh? If mom has custody he has to have a substantial change of circumstance, and parental unfitness is one such potential change. Or were you referring to a an initial custody case when you said that?



    Dad, if you have nothing but the fact that he said something that implies it to you, then you are not going anywhere with a custody change.

    What if I like put some type of surveillance and caught him that way? I mean wouldn't that be enough evidence?

  7. #7
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    Default Re: How to Change Custody Based on Allegations That the Mother's Boyfriend is Abusive

    Quote Quoting cq37
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    he's 14 and yes he denied it.




    What if I like put some type of surveillance and caught him that way? I mean wouldn't that be enough evidence?
    Where do you think that you could do that where you would not be considered a stalker?

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    Default Re: How to Change Custody Based on Allegations That the Mother's Boyfriend is Abusive

    Quote Quoting llworking
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    Where do you think that you could do that where you would not be considered a stalker?


    Gawd, I hope you and I are both misunderstanding what he wrote there ... the alternative is frightening!

  9. #9
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    Default Re: How to Change Custody Based on Allegations That the Mother's Boyfriend is Abusive

    Quote Quoting llworking
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    Where do you think that you could do that where you would not be considered a stalker?
    well it's important. My son said he was sexually abusing him. So I mean it's not a matter I can just take a blind eye to.

  10. #10
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    Default Re: How to Change Custody Based on Allegations That the Mother's Boyfriend is Abusive

    Quote Quoting cq37
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    well it's important. My son said he was sexually abusing him. So I mean it's not a matter I can just take a blind eye to.
    That didn't answer the question, at all.

    No, you can't install secret cameras or audio in someone else's house! Where on earth do you live where that would actually be an option?!

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