This story comes to me from Luwana, about 2015 Nevada Assembly Bill 263. revising provisions governing the custody and support of children. In particular the bill’s stated purpose was:
The Legislature declares that it is the policy of this State:
To ensure that minor children have frequent associations and a continuing relationship with both parents after the parents have ended their relationship, become separated or dissolved their marriage;
To encourage such parents to share the rights and responsibilities of child rearing; and
To establish that such parents have an equivalent duty to provide their minor children with necessary maintenance, health care, education and financial support.
This post, then, is about one person’s struggle to put into effect the spirit of this new law, in Luwana’s words. More information can be found on their website here.
One Father’s Fight – The Story
They met in 2011 and married in 2012 while he was an Oil Field Worker. He traveled back and forth from Las Vegas, Nevada to work in North Dakota, while they dated. Then they married! They together purchased new cars, and toys to enjoy for camping and traveling. They remodeled their rental home, and even put in a new back yard for their future child. After trying for two years for a child they both wanted desperately Payton was born July 04, 2014. When she came into the world she made my son, Theodore Faulkenburg, the father he has always wanted to be.
Theodore is the kind of person who, changes his career, and uproots his life, to help his family. Because, that’s what you do. You stick by your family. Christmas of 2015 seemed normal while at home, nothing out of the ordinary. Then on January 31, 2015, 6 1/2 months after Payton came into this world the bombshell came. She didn’t love him anymore, she was in love with someone else. Theodore continued to go to work, travel the long distance, pay all the bills for the household. When he would come home after the long haul he would pick up his daughter and spend the entire time with her 7 straight days, then back to work, work for two weeks and then back home to be with his daughter. She said “That’s the life he chose”. No that is the life he had to continue to keep to pay all the necessary bills, and then she used it against him in a court of law. The Family Court of Nevada, Judge Potter said, “Are you one of those Oil Field workers that, don’t pay their taxes, how many exemptions do you claim?” Theodore has always paid his taxes, had no back taxes insight. That implies to me that this Judge did not like Oil Field workers in general. Seems like this Judge didn’t like my son from the get go!
His first attorney told him that if he wanted any chance of 50/50 custody under the new Nevada Laws, he would have to give up his oil field career and take employment in the Las Vegas, Nevada area, and that it needed to be in the field he was in, and that he needed to make a good wage. That was a total joke, they don’t have Oil field employment in the Las Vegas area. So he found other employment, he took on CDL positions, then an old position opened up in the Sprinkler Fitters Union, a job he had when he was in his early 20’s. The took the position making only a 1/4 of what he was making in the oil fields, just to be with his daughter full time. Now granted in the oil field industry he was getting more time with his daughter, than he does now. Ridiculous isn’t it! Give up a position that was giving you more time with your daughter, to be with your daughter only on weekends and 4 hours on Wednesday’s, but the goal was 50/50, which is basically what he had before leaving the oil fields of North Dakota. So while in court, Judge Potter told the attorney “I don’t care if your client was working on the moon, and moved back, I still wouldn’t give him custody”. Now Ted wasn’t asking for full custody, he was only asking for 50/50 custody of his daughter. I don’t understand why Judge Potter would say such a thing. Ted has no criminal record, he doesn’t do illegal drugs, doesn’t use prescribed drug in the wrong way, doesn’t smoke, and only drinks occasionally. His employment relies on him being sober at all times. Ted has never been a bad person, and has always given the shirt off of his back to everyone in need. Yet the Nevada Family Court system seems to find fault in a man, that has no faults, as a father, as a daddy, that would impede his co-parenting his daughter.
It is sad when you have to go back to family court to get a RIGHT OF REFUSAL from a judge to tell the co-parent that the daddy has the right to watch his little girl. This daddy’s job was on strike and he was off of work for a week, and asked the co-parent if he could baby-sit his own daughter, the co-parent REFUSED, and told him that is was more BENEFICIAL that their 1 1/2 year old daughter go to daycare than to be with him. This daddy did win this RIGHT OF REFUSAL thank goodness! But cost him even more money! Now when he is off of work at anytime where he can be with her for at least 4 or more hours, before she goes back to co-parent, he can pick her up at daycare, or if he is off for the day he gets to have her before daycare. It is sad that parents have to be told to share!
She only gets to see family from both co-parents families if she is with her daddy! The co-parent REFUSES to negotiate for 50/50 custody. So we now move forward, please say a prayer and wish us luck! The lower Nevada Family Courts, say he shouldn’t have 50/50 custody! That he didn’t spend enough time with her the first year of her life, which is incorrect. Also what does that have to do with the next 17 years of her life? He spends all his free time with his little girl! When he is with her he spends his time with her. He pays his child support faithfully! He is a great father, he has more than 146 days with her a year, yet he still doesn’t have 50/50 custody, which is a requirement under the new laws.
Help this father win his battle in the Nevada Supreme Court, and make a change for all co-parents in the State of Nevada gain 50/50 Custody. Don’t let old customs, laws and Judges tell him or you that you are not important in your child’s life. Help make the change!
To help this father with legal fees, you can donate to:
https://secure.lawpay.com/pages/leavitt-law-firm/trust
Make sure you reference his name Theodore Faulkenburg
We need this case to win 50/50 in the Nevada Supreme Court. This is the first case to be denied and to be heard in the Nevada Supreme Court under the new laws put into place. This case may make law and uphold the existing laws already in place, to help other co-parents get 50/50 custody. DON’T LET THIS CASE LOSE THE BATTLE, it could help you fight your battle. A DONATION of just a $1.00 will go a long way!
All donations will go to Ted’s legal fees to fight this battle, to make a change for everyone! Don’t sit by and let this be an injustice to him, to you or any co-parent who wants to be a parent to their children.