Monday, September 14, 2009

Split Peas - Parting as Friends (or at least don't hate each other)



As a vegan, nutrition is very important in my diet and split peas are one of my favorite add ins. Comforting, warm and inviting, split pea soup with a slice of fresh bread is one of the weekly meals that I love.

Full of soluble fiber, peas help to bind up cholesterol-containing bile and move it out of your body. Split peas stabilize your blood sugar levels while providing a steady supply of energy. Finally, peas can also reduce the amount of plaque in your blood vessels and help your heart remain healthy. So maybe you are wondering, why is the divorce lady telling us about soup?

In Nevada, parental misconduct isn't enough by itself for a change in custody. What does that mean exactly? In the Sims v. Sims, 109 Nev. 1146, in 1993, the Court held that where a mother left her 10 year old daughter alone while the daughter had the flu over the three days when the mother had custody, it wasn't enough to change custody over to the Dad. In the case of Ellis v. Carucci, 161 P.3d 239 in 2007, the child's academic record decrease and her lack of ability to focus and do homework while with Mom wasn't a good reason to change custody. In the case of Mack-Manley v. Manley, 122 Nev. 849 in 2006, where Mom was "poisoning" the minds of the children against Dad, it wasn't enough to change custody. In Nevada, you must have the following when one parent has primary physical custody (1) the circumstances of the parents have been materially altered; and (2) the child's welfare would be substantially enhanced by the change.

In short, like it or lump it. Once the decree is in, you must have a new, different and substantial reason for the Court to change custody. The Court is particularly suspect if the Motion to Modify is shortly after the initial custody decision since the Court usually thinks you are simply asking the Court to change its mind from the evidence that it already decided on once. Six months is usually a low estimate as to when a change in custody should be filed. If it has been more than six months and/or there is a "substantial" reason then maybe the custodial unrest with your ex-spouse is worth it. Otherwise, be nice to your ex and for comfort.... I suggest split peas.

1 comments:

  1. Divorce lady-

    You told them about the pea soup binding up cholesterol... but the end of a divorce is kind like taking a big poop. Split pea is good for that (fiber) also.
    BEST POST YET! DIVORCE LADY ROCKS!!!!

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