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Legal Information: Nevada


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January 9, 2024

If I have moved out of the home where the other parent and my children currently live, will this hurt my chances of gaining custody?

If you leave without your children and the other parent has been doing a good job in caring for the children on his/her own since you left, the judge might consider this as a factor when making a custody decision.  Some judges might also view leaving as evidence that you are putting other priorities before your children.   However, a judge may also consider the reason why you left.  For example, if you left to protect yourself from further physical abuse, this is important to prove in court since judges are supposed to assume that an abuser shouldn’t get custody.  See Can a parent who committed violence get physical custody? for more information.

As with all custody issues, we recommend that you talk to a lawyer about this.  To find a lawyer or legal aid program in your area, please visit the NV Finding a Lawyer page.