Legal Question in Family Law in Nevada

can i go from having gaurdianship of granddaughter to custody for fear of her safety with her parents?


Asked on 8/17/10, 8:11 pm

2 Answers from Attorneys

Anthony Wright The Wright Law Offices, PC

It is unlikely that a guardian can keep a voluntary guardianship if the parent wants custody back. In Nevada we have a parental preference law in the guardianship statutes. Your best bet is to either push for voluntary adoption or relinquish custody in exchange for grandparent visitation rights being placed in the termination order.

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Answered on 8/22/10, 8:51 pm
Marshal Willick Willick Law Group

In my opinion, there is not enough information provided to evaluate the question that you ask.

The parental preference doctrine has been found inapplicable in situations where a grandparent has been found to be a child's legal (de jure) custodian, and it might be likewise in a situation where a grandparent has been an actual (de facto) custodian of long-standing. Much depends on the fitness of the natural parents, then and now.

For the legal background, including links to the statute governing grandparental child custody and visitation, see http://www.willicklawgroup.com/child_custody_visitation.

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Answered on 8/23/10, 7:55 am


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