Legal Question in Family Law in Nevada

Hi my wife passed away Dec 25 2007 My stepson went to stay with his aunt while I got back on my feet my wife always exspressed that she wanted me to raise him. Now his aunt dosn't want to return him to my custody and I am concerned for his wellbeing as she is a pot head with major med problems and no job and his bio father is a ex convicted fellon cocain dealer that is awaiting trial for battery who she has been letting him spend time with. They are in Ar. and I'm in Nv. What do I do?


Asked on 4/24/10, 4:45 pm

1 Answer from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Did you wife have a will? Without a will appointing you as guardian, it will be tough. Additionally, if your late wife's divorce from the bio father was not in Nevada or custody was not modified in Nevada, then you will have to go to that jurisdiction unless the bio father has a residence in Nevada and is in AR because that is where he got arressted.

If she has a will and the divorce was in Nevada or a custody modification is in Nevada, and the bio father's last official residence was in Nevada, you can petition for a guardianship here. Otherwise, you will have to go to AR.

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Answered on 4/30/10, 7:38 am


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