QUESTION

Does parental rights overrule guardianship rights?

Asked on Feb 15th, 2014 on Child Custody - Nevada
More details to this question:
I am a father of an 11 year old son, his mother recently passed away and we were not legally married, but i am the biological father, My son's Aunt and grandma want me to sign away my legal guardianship to them, they tell me that i am not losing my parental rights, but i am unsure that if i do give them guardianship then i will not have any say in his life until he turns 18. what do you think ? Also does a written Will override a biological father decisions?
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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You ask several questions, the answers to some of which are "maybe" and "sometimes," based on facts you do not mention. You cannot "sign away legal guardianship," at least not apparently on the facts you disclose, because you are not a legal guardian, but a natural parent.  And yes, the law (see NRS 125.480) gives a fit natural parent a higher priority than any other person as to a child.  And no, a will does not "override" the other parent -- but if the other parent had relinquished his or her rights, it might well be decisive. That said, there is obviously a history here -- at least 11 years of it -- which could very well alter the analysis.  I suggest that you do two things, before signing ANYTHING.  First, learn abut the legal meaning of the terms: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/guardianship/ Then, make a consultation appointment with a family law specialist -- bringing with you all relevant court orders, agreements, wills, correspondence, or whatever other documents are in play here -- and ask.  By the end of the conversation, you should know your and your child's right, options, and possibilities -- and be able to make a good choice.
Answered on Feb 15th, 2014 at 4:59 PM

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