Legal Question in Family Law in Nevada

Re: Custody Concerns

The persons who have custody now have the favored position from which to keep custody, because courts are loathe to move children. In fact, the modification standard is that a third party has to allege and prove that the circumstances of the children and the non moving party (your parents) are so detrimental to the children that the only option is to re-allocate placement. That is a tough standard to meet.

So, you and your sister can make agreements, but don't expect the court to go along with it. Bottom line is always what is best for the kids.

Elizabeth Powell

Re: Custody Concerns

Your question has to do with what are called non-parent custody actions, as set forth in chapter 26.10 RCW, found at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.10.

The simple answer is yes. Once a person has custody in WA, it takes a substantial change of circumstances in the non-moving party (in this case it would be you if you had custody and mom moved to retake custody) or the child.

There is also a question of jurisdiction. If the issue were to be fought, jurisdiction would have to be in the home state--where the child has lived the last 6 months. (See chapter 26.27 RCW at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.27.)

Thus, you would want to have the parents agree to custody in a case you filed in WA, waiving jurisdiction in NV, if that's where the kids have lived. Or you could have your folks and sister let you have them informally, keeping your eye on the six-month mark, in which case you could then file for custody in WA.

If you had to fight the case, and jurisdiction were in WA, the standard is either the parents are unfit OR placement with an otherwise fit parent would have a detrimental effect on the development of the child. Though the statute says the standard is best interests of the child, the courts have determined that the two part standard is a higher burden for you to prove than just whether it would better for the child to live with you rather than the parents.

Finally, I presume you want to avoid the instability that a parent might disrupt if they thought they were ready when you knew they really weren't. On the other hand, why would you want to keep the children if mom really cleaned up her act and gave a sufficient track record to satisfy you? One of the positive aspects of non-parent custody is that the family can help solve a problem by protecting the kids for only so long as the family deems it necessary until the parent can take their proper place in the family.

Re: Custody Concerns

You can try for a guardianship, that is semi permanent. If she gets her life together she could petition the Court to dissolve the guardianship. If you want permanency, you must file a lawsuit to terminate their parental rights and then adopt your newphews/neices. You must do this in Nevada because that is where she lives.

Re: Custody Concerns

Good afternoon. Thank you for your inquiry. If your nieces/nephews are currently residing in Nevada with their grandparents and you wish to begin a custodial petition you would need to file said claim in Nevada.

There are certain procedures you would need to fulfill:

1) You would have to give both parents proper notification of your matter.

2) You would have to show the Court that it is in the best interests of the child to live with you in Washington.

3) You would need to file for a guardianship. This would give you a custodial relationship for the children.

If you would like to speak to an attorney regarding your matter contact my office and we can arrange a phone consultation to further discuss your situation.

Best Regards,

Jim Herbe