Legal Question in Family Law in Nevada

My niece was recently molested by her aunts husband which whom she lives with because her biological father left her in her aunts custody and her mother is deceased. Since the molestation he has been sent to jail and is awaiting sentencing, her aunt believes her but still wants to get back with her husband after he is let go from jail. Now the girl in question does not want to live with her for obvios reasons and would like to stay with me, now we are not blood related but i consider her as part of my family. She is staying with me right now and her aunt told me she would sign over papers but after a couple of days she has now said she will not give me papers and tells her niece that she has a choice of living with her or another aunt of hers or go to foster care. Now me and my husband are willing and gladly to keep her with us but do we have any legal rights to her what so ever. what could we do or where do we start out? thank you!


Asked on 4/06/10, 7:35 pm

1 Answer from Attorneys

Marshal Willick Willick Law Group

Your question is a bit confusing, as you indicate both that the child is your niece, and that "we are not blood related," making it a bit unclear who is related to whom (this could make a difference).

In any event, there are rules in place for "third party" custody and visitation (as to the child, everyone you mention is a "third party," being neither mom nor dad), guardianships, and even termination of parental rights and adoption. All are possible under the circumstances you mention. You should start by reviewing the information and linked statutes, rules, etc., set out on our web site on several pages, including http://www.willicklawgroup.com/child_custody_visitation, http://www.willicklawgroup.com/guardianship, http://www.willicklawgroup.com/termination_of_parental_rights, http://www.willicklawgroup.com/adoption.

Also take a look at http://www.willicklawgroup.com/child_support.

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.

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Answered on 4/12/10, 12:53 pm


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