Legal Question in Family Law in Nevada

My niece,Taylor, has been living with me for almost 2 years, she is 14. Her father wrote and notarized a document giving me custodial rights for school, medical, etc. He died 12/1/10. Her mother lost custody in 1998 and I have those court documents. She was in prison for a meth lab (don't know the final charges) and the court had a number of things she had to comply with before getting visitation, and was deemed unfit and unsafe. She is now out and working for the courts in some clerical job. She is assuming custody has defaulted to her and has applied for SSI benefits for Taylor to be paid to her as Taylor's mother. Taylor has never lived with her and does not want to now, but she is insisting on handling benefits for 2 kids. She has convinced Taylor that she is going to put the SSI funds into an account for her future. I have been supporting her while she lived with me with nothing from her and $200 from her father. I was going to apply for guardianship "ex parte". I live on SSI disability and insurance and have 5 people I provide for. Should I go to social services? They had a fraud case against the mother that was never resolved. Or should I go to family court? Do I have a chance of having guardianship or custody? All of her father's family wants Taylor to stay with me.


Asked on 1/23/11, 6:01 pm

1 Answer from Attorneys
Marshal Willick Willick Law Group

You really should consult with qualified counsel, but yes, on those facts, you have a reasonable chance of being awarded either guardianship or even custody of the child (which would give you a right to seek child support from the natural parent). For background, see:

http://www.willicklawgroup.com/child_support

http://www.willicklawgroup.com/child_custody_visitation

http://www.willicklawgroup.com/guardianship

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.clarkcountycourts.us/shc/Supporting Documents/self_help_supportingdocs.html.

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Answered on 1/27/11, 7:13 pm


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