Legal Question in Family Law in Nevada

custody of my grandchildren

for the past two yrs my husband and I have been raising our grandchildren.Their father remarried and tried to terminate his parental rights so he wouldnt have to pay(court took away his visitation)their mother sadley to say our daughter who has primary custody signed a paper giving us legal guardianship we had it noterized but never went to court so their father shouldnt find out.(he would fight custody so he wouldnt have to pay child support)and she took off.the kids stayed with us.now, almost three years later we get a call from their father that he got divorced again and now he wants to see them.the kids do not want to see him.they are also afraid that if he finds out about their mother he will take them away from us.you have to understand he will do anything not to pay child support even take them away from us and give them up for adaption just not to have to pay.last night he called me up to tell me that he thinks that he is going to get fired.you see he has a court order at his work and they automatically send us the child support.we also found out that he works side jobs off the books and right now the way he lives by himself without paying childsupport its enough for him.my question can we get legal guardianship and suppor


Asked on 5/31/06, 12:01 pm

1 Answer from Attorneys
Jeffrey Cogan Law Offices of Jeffrey A. Cogan, Chartered

Re: custody of my grandchildren

Absolutely, however, it will be difficult. Unless he is a drug addict or abuser, the Court may order that he have the children instead of you. If his desire is to not pay child support, you may try an adoption instead of a guardianship and he could consent to an adoption. The Court does not terminate rights without an adoption because then your grandchildren are "legal orphans."

Where is your daughter living? If she is living with you, then he has no chance for a change of custody, if not, then their is a fight.

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Answered on 5/31/06, 1:28 pm


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