Can I make a motion to change primary custody? 1 Answers as of June 27, 2011My ex has primary custody now and I'm the non custodian parent just have my son every other weekend. I filed a motion for primary custody and served my ex wife. On the motion it says she has 10 days to respond after being served and failure to do so may result in the requested relief being granted by the court without hearing prior to the scheduled hearing date. Her 10 days is up now and my first hearing is in 3 weeks. Is there anything I have to file to enforce this, basically the fact that she hasn't responded to my motion and be able to get granted for what I ask in the motion without her having any more rights to fight back since she did not respond within 10 days? Thanks
Willick Law Group | Marshal S. Willick
The reality is that judges are very reluctant to prevent anyone from "having any more rights to fight back" and even if she just shows up at the hearing, she would probably get an opportunity to address the court, or file papers, or both. So, you can ask to "zoom" the motion, which probably will be denied, but my guess is that you will get nothing until the hearing date, where she may be asked why she did not file an opposition, but both sides of the case will probably be heard.
Answer Applies to: Nevada