QUESTION
What is the best option for me to get custody of my nephew?
Asked on Jun 26th, 2013 on Child Custody - Nevada
More details to this question:
I currently have custody of my nephew who is 14 months old and we have had him for 9 months. He was full of meth when we got him. His parents have done nothing to get him back. His dad is in prison and his mom is nowhere to be found in the past few weeks. The courts want to do guardianship instead of termination. They said if we were not his family, they would more likely do termination but because we are family they are doing guardianship. Is this legal? Is it the right thing? I just need someone to tell me if they are choosing the right option or not. Please give me some advice. What should I do?
3 ANSWERS
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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I prepare adoption because the parents cannot come back at some future point trying to regain custody. If the state won't pay for termination you can retain private counsel.
Answered on Jun 26th, 2013 at 8:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Take what you can get if you want to "save" money, hire an attorney if you want a termination of rights and adoption.
Answered on Jun 26th, 2013 at 1:51 PM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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It sounds as if you are dealing with CPS, and if they are the ones recommending the guardianship, go with it. Once you have had the guardianship for a year, if the natural parents are still out of the picture (no contact), you can move for termination on your own and seek to adopt the child (a termination will only be done if there is a family ready to adopt the child). By that point in time the natural parents may consent to a termination and adoption, making everything much easier.
Answered on Jun 26th, 2013 at 1:51 PM