Father wants custody laws changed

Monday, Jan. 7, 2002 | 9:44 a.m.

CARSON CITY -- A Las Vegas father who has lost his bid for joint custody over the past four years is turning to voters to help change child custody laws.

Barry Michaels, who is self-employed in the software business, has filed a petition that would require judges in most cases to award joint physical custody of children after a divorce.

"There's not a lot of fathers who want shared custody," Michaels said.

Deputy Secretary of State Susan Morandi on Thursday said Michaels must gather 61,336 signatures from registered voters by Nov. 12 if the petition is to be presented to the 2003 Legislature. He must get 10 percent of the voters in 13 of the 17 counties.

This is the first initiative petition filed with the secretary of state's office since the start of the election season on Jan. 1.

"I hope to get help," Michaels said. "I cannot do it alone." But he admits he hasn't talked to anyone who is ready to join him.

He wants the law changed to read, "There shall be a presumption in court determinations of child custody that join physical custody and shared physical custody responsibility shall be in the best interest of the child."

It also would say, "Upon request of one or both parents for joint physical custody, the court shall so order unless it finds compelling reasons to not award joint physical custody."

The burden of proof against the joint custody would be on the parent who wants sole custody.

Michaels was married seven years until his divorce in 1997. He says he gets visitation with his two daughters on Monday and Wednesday nights and on most Fridays until noon Saturday.

"I see my kids often, but I don't see them 50 percent of the time," he said.

In most cases, women want custody of the children, he said. Men, however, seldom ask for joint custody, he said.

He said he is preparing to appeal one of his court cases to the Nevada Supreme Court.

If Michaels gathers the necessary signatures, the Legislature must approve or reject the proposed law within the first 40 days of the session. If the Legislature does not accept Michaels' suggestion, it would go on the ballot in 2004 for the voters to decide.