Legal Question in Family Law in Nevada

My sister is 13 and I am 17. My mother is emotionally and verbally abusive and she can be physically abusive as well. She is very volatile and impatient I am in the IB program and I can't leave this city, as I would be unable to attend this school. My sister is unhappy here and I fear that when I leave for college she will be in more danger than she already is, and I think that it would be a good idea for her to go live with our father in AZ. I think that he would provide a more peaceful environment and an environment more conducive to her learning. My mother's antics make it hard to concentrate on school work and I don't think that my sister would be able to deal with it and also succeed academically. Is there any way for her to go and live with our father without our mother's permission? She is a very reasonable 13yr old and I should think that a lawyer and judge would see her predicament and agree with her, but I have almost no knowledge of how these things work. I know that if my father just takes action he can be held in contempt of court. So I guess I am asking what we can do legally about the situation.


Asked on 8/23/14, 5:42 pm

1 Answer from Attorneys

Marshal Willick Willick Law Group

You can only do what you want to do with your father's cooperation and assistance --he would have to obtain either a stipulation with your mother for your sister to change primary households, or to file a motion to alter primary custody. See:

http://willicklawgroup.com/child-custody-and-visitation/

One other alternative would be for you to seek a guardianship and have your sister live with you, wherever you are off to for college. See:

http://willicklawgroup.com/guardianship/

But that is a substantial burden to be putting on an 18-year-old who should be trying to figure out her own life in transition to adulthood.

To get knowledge of "how these things work," start with the explanation and materials posted on the website referenced above. Then have a talk with your father. Then your mother. Then consult an attorney well versed in family law to make whatever you have come up with happen.

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Answered on 8/24/14, 11:09 am


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