Legal Question in Family Law in Nevada

My little brother Jared is 19 and his girlfriend Ashley is 17. They just had a new born a month ago and recently moved to Nevada from Idaho. Jared moved to wyoming with us and shortly after ashley moved over with us also. Well ashley soon didnt want to stay there because i told her absolutly No durgs and No alcohol. Needless to say she only stayed one month. Well the night before she left her and my brother...um did the deed. and she got pregnant. So ashley goes back to idaho and jared stays. Ashley was cought over in idaho partying her intire pregnancy doing meth drinking and smoking pot. so my little brother wanted to go back to keep an eye on her and the baby. So he did. Ashleys mother gave Jared full custody of Ashley. So she didnt have to take care of her. Well Ashley had the baby a month ago. Jared has been changing all of the diapers and getting up with her at night while ashley sleeps. Jared told me that she doesnt help with anything. Jared says that he doesnt mind doing it, but in my opinion, its not right that she has no bond with the baby. she doesnt want anything to do with her unless its to use her against Jared in some kind of way. Jared said that when she was 3 weeks old that he came home to find Ashley asleep on the couch and his daughter crying on the floor. He said that that was his last straw. Its mine too. Today Ashley called my mom and told her on the phone that "she better come get 'it' ". Then a couple hours later Ashleys mom called my mom and told my mom the exact same thing that ashley told my mom. My mom already said that she would love to have aaliyah, and i have said also i would love to have her as well. in fact i want her. That way i know she will be safe and loved and fed. Ashley wont even feed her. She just wants to do drugs. and she wants to keep jared around because he works and supports her. but he wants to leave and ashley wont let him take aaliyah. What should he do? What can i do as an auntie? Jared has full custody over Ashley so would that meant that he has custody over thier daughter? He said in Nevada the father doesnt have much say in anything. Is this true? Or is there something he can do? Could i file for custody?


Asked on 9/01/09, 12:11 am

1 Answer from Attorneys
Kari Molnar Black & LoBello

First, there is a statute - the Uniform Custody Child Jurisdiction and Enforcement Act (UCCJEA) that states that whereever the child has lived for six months prior to the filing of a Petition is the home state of the child. That means that if the child is not living in Nevada for at least 6 months, Nevada has no jurisdiction to make custody or visitation decisions over the child. Depending on the child's age, if Jared wants to file an action in Nevada he should move back with his daughter. His statement that in Nevada the father doesn't have much say in anything is not necessarily true. However, the basic presumption in any state is that if the parents of the child are not married and paternity has not been established through a court, the mother usually does have all the rights of the child, if there is a problem.

Jared needs to file a Complaint/Petition to Establish Custody, Visitation, and Child Support. As to yourself or your mom - if there is a fit parent of the child, it is usually difficult for family members to get custody over a natural parent. In your situation, you could file for custody, but your mom, as a grandparent would probably have a higher probability of actually getting custody of the baby.

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Answered on 9/07/09, 1:09 pm


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