Legal Question in Family Law in Nevada

Hello,

My question is regarding custody of three minor children. The three girls are my cousins children but I am a regular part of their life. Now these girls are LOVED by their dad and his mom my aunt but they can not properly care for them. The girls mom has been in and out of their lives since the oldest two girls were one year old. Their mother is very unstable she has lost custody of her oldest child whom is fifteen and the youngest girl who is two because she was using meth while pregnant.

The father of the three girls is my cousin and well he has some issues of his own. He has a horrible gambling addiction and we live in one of the worst cities for that. He has a great stable career but he does not provide for his girls. They get evicted every three months and the power has gotten shut off this past winter and I had to help get it back on. We live in Reno so the winters here are way too cold to go anytime without power let alone four days. His mother my great aunt lives with him and she is on a fixed income and somehow she makes it stretch for their power and water leaving them without food for the month. Every month for the last two years they need someone to bring them food daily. During this time myself and other family members did nothing but help in every way possible. We were the ones supplying school clothes, birthdays, and christmas since they were age one. Last year we didn't help out hoping he would step up and well they haven't gotten a single thing since we purchased it Christmas 2008. I know him not buying things for them isn't negelct but he doesnt provide them with anything. They deserve better and me and other family members are capable and willing to help but we just can't do it threw him anymore they deserve better.

He also puts them threw way too much with their absent mom. She is not supposed to be around the two year old at all yet whenever she decides she wants to be mom for the day he willingly lets her take all three girls. Then she dissappears again and the girls are crushed but it never fails as soon as they are back on the right path he throws them back in the the arms of their worthless mom to be hurt again. Their mother recently decided to have on of the nine year old girls go to the police department with her and say that she is abused by her grandmother. I can guarantee that is not the case. Their grandmother does get frustrated and angry sometime but she never hits them. I understand her frustration she has been taking care of them day in and day out since they were eleven months old. She can no longer to it properly because she is getting old and she is very sick herself. I do not want the stress caused by this situation to be the death of her.

Today really put the icing on the cake for me and I decided something needs to be done. Their father didn't purchase a single them for them for school and one of the nine year olds grows like crazy and is wearing shoes that hurt her feet. Then I get a call that they have no luch because they have no food in their home and their dad said the school will figure it out.

I am just looking for a little bit of advice on how to recieve custody of them even temporarily so their father can get it together. I am young. i'm 22 but an stable and have many people backing me on this decision but want to know how I should go about doing it. I do not want to hurt my aunt in the process I just want to save the girls from this horrible situation.

Thanks,

Tricia


Asked on 8/30/10, 6:39 pm

1 Answer from Attorneys
Marshal Willick Willick Law Group

Your question poses classic facts relating to guardianship, or (depending on how things progress) even potentially adoption. But matters relating to visitation, and custody of children by any "third parties" (i.e., anyone other than mom or dad) can be complex. I suggest you start with some information. See:

http://www.willicklawgroup.com/child_custody_visitation

http://www.willicklawgroup.com/guardianship

http://www.willicklawgroup.com/adoption

You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.

If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/). Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid. The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200. Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions. For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.co.clark.nv.us/district_court/self_help_center.htm.

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Answered on 9/05/10, 4:39 pm


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