High court reverses child-custody decision

Wednesday, Feb. 17, 1999 | 11:12 a.m.

CARSON CITY -- The Nevada Supreme Court has ruled that a mother should not be forced to choose between her children and her new husband in a child custody case.

The court reversed a decision by Clark County District Judge Gary Redmon, who ruled that custody of three children should be switched to Harold Gallacher III if Sheri Hayes decides to accompany her new husband, who is in the Air Force, to a new duty station in Japan.

Justice Miriam Shearing, who wrote the unanimous decision issued Friday, said Redmon should reconsider the case, noting that Redmon relied on the written record and never conducted a hearing in the dispute.

When Hayes and Gallacher were divorced in 1995 in Las Vegas, primary custody of the three children was given to Hayes, and Gallacher received visitation rights twice a week, on alternating holidays and for two weeks during the summer.

In March 1997 Hayes married Shane Hayes, who later received Air Force orders transferring him to Japan.

Shearing said it appeared Redmon failed to give any consideration to a temporary protective order issued against Gallacher. The order was obtained by Hayes, who feared domestic violence.