Guardianship in Nevada
Guardianship in Nevada
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Nevada Guardianship of Minors
Guardianship of a minor in Nevada is a legal order that grants a non-parent the authority to make medical, educational, and daily care decisions for a child.2 When parents are unable to care for their children due to illness, addiction, or instability, you may find yourself stepping up. But without a court order, your hands are tied.
At The Rosenblum Law Firm, we understand the position you are in. You are likely already doing the hard work-feeding, clothing, and housing the child. However, without a court order, you lack the legal authority to enroll them in school, authorize medical treatment, or speak to their doctors. We help you bridge that legal gap, ensuring the child in your care has the stability and protection they deserve.
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When is Guardianship Necessary in Nevada?
Bridging the Gap When Parents Cannot
Biological parents have fundamental constitutional rights to raise their children.3 Therefore, Nevada courts do not grant guardianship lightly. It is not enough to simply believe you can provide a "better" life; you must demonstrate that the parents are "unfit, unwilling, or unable" to care for the child at this time.
Common scenarios where guardianship is necessary include:
- Parental Incapacity: The parent is in a rehabilitation facility, incarcerated, or hospitalized.
- Unsafe Environment: The child is facing neglect, abuse, or exposure to substance abuse in the parental home.
- Abandonment: The parents have left the child in your care for an extended period without communication or support.
- Death of Parents: The parents have passed away without a will nominating a guardian.
Guardianship vs. Adoption
It is crucial to understand the difference between guardianship and adoption.
- Guardianship suspends parental rights. It is often temporary (even if it lasts for years) and can be terminated if the parents prove to the court that they have recovered and are fit to parent again.
- Adoption permanently terminates parental rights. It severs the legal tie to the biological parents forever and creates a new, irrevocable parent-child relationship.
Types of Guardianship in Nevada
Short-Term Guardianship (Non-Court)
Nevada offers a specific tool for parents who know they will be unavailable for a short time (e.g., military deployment or a short rehab stint). Under NRS 159A.205, parents can sign a specific form granting you guardianship for up to 6 months.
- Note: This does not require a court hearing, but it generally requires the voluntary written consent of both parents if they are living and have legal rights.
Temporary Guardianship (Emergency)
If a child is in immediate danger or requires urgent medical care, we can petition the court for Temporary Guardianship. This is an emergency measure. The court can grant this “ex parte” (without the parents present initially) if the risk is severe. However, these orders typically last only 10 days unless extended by the court, serving as a bridge to a full hearing.
General Guardianship (Permanent)
This is the long-term solution. A General Guardianship grants you full legal authority over the child until they turn 18 or until the court orders otherwise. Obtaining this requires a full hearing where evidence is presented showing that the parents are unfit or unable to provide proper care.
If a minor inherits money (such as life insurance proceeds or a lawsuit settlement), the court generally requires oversight to ensure those funds are saved for the child’s future.
- The “Bank” Rule vs. The Law: While Nevada law (NRS 159A) technically allows a parent to hold up to $25,000 for a minor without a formal guardianship, the reality is often different. Many banks and insurance companies have strict internal policies and will refuse to release checks over $10,000 without a court order.
- The Solution: We help you navigate this by selecting the most cost-effective path. For moderate amounts, we can often petition for a “Blocked Account” rather than a full guardianship. This freezes the funds until the child turns 18, satisfying the bank’s requirements while saving you the cost of annual court accountings.
If a minor inherits money (such as life insurance proceeds or a lawsuit settlement) exceeding $10,000, the court generally requires oversight to protect the funds. While this often requires a formal “Guardian of the Estate,” in some cases involving smaller amounts (up to $50,000), the court may allow the funds to be held in a “Blocked Account” to minimize legal costs.
The Process: How to Become a Legal Guardian in Clark County
Step 1: Filing the Petition
The process begins by filing a Petition for Appointment of Guardian in the Eighth Judicial District Court (Guardianship Division). This document explains to the judge exactly why the guardianship is necessary and why you are the best person to serve.
Step 2: Notice and Service (The Citation)
This is often the most critical step. You cannot take someone’s children without telling them. The biological parents (and the child, if they are 14 or older) must be legally served with a "Citation to Appear and Show Cause." This document informs them of the court hearing. If the parents are missing, our attorneys must prove to the court that we exercised "due diligence" in trying to find them.
Step 3: Background Checks
Protecting children is the court’s priority. Nevada law generally requires proposed guardians to undergo background checks, including fingerprinting, to ensure there is no history of abuse or neglect that would disqualify them.4
Step 4: The Court Hearing
- If parents consent: The process is relatively smooth. The judge reviews the file to ensure it is in the child’s best interest and issues the order.
- If parents object: The case becomes a contested matter. As the petitioner, you must present evidence proving that the parents are unfit or that the guardianship is necessary for the child’s safety.
Rights and Responsibilities of a Nevada Guardian
Authority You Will Gain
Once appointed, you step into the shoes of the parent. You have full decision-making power regarding the child’s education, healthcare, and daily upbringing. However, there are restrictions. Most notably, under NRS 159A.0807, you generally cannot move the child out of the State of Nevada without following specific notice procedures and potentially obtaining court permission.
Relationship with the Biological Parents
Guardianship does not necessarily mean the parents are cut out of the child’s life completely.
- Visitation: The court often sets a visitation schedule to maintain the parent-child bond, provided it is safe. This is distinct from standard child custody disputes, as the priority here is safety over parental "rights."
- Child Support: Guardians have the right to request financial support from the biological parents to help cover the costs of raising the child.
Frequently Asked Questions About Guardianship
Can the Parents Take the Child back whenever They Want?
No. Once a court order is in place, the parents cannot simply show up and take the child. They must petition the court to terminate the guardianship and prove to a judge that they are now fit and stable.
Do I Need a Lawyer if the Parents Agree?
While it is possible to file on your own, it is highly recommended to use an attorney. Procedural errors-especially regarding proper notice and the "Citation"-can cause the guardianship to be voided later, potentially putting the child back in an unstable situation.
Can I Get Financial Help?
Yes. Relatives caring for children may be eligible for "Kinship Care" benefits or Temporary Assistance for Needy Families (TANF) in Nevada.5 Having legal guardianship often makes accessing these benefits easier.
Does Guardianship Stop if the Parent Gets out of Rehab?
Not automatically. Completing a program is a great first step, but the court will want to see sustained stability. The judge decides when and if the child is safe to return, not the parent.
What if I Am the Grandparent?
Grandparents often step into this role. If guardianship isn’t the right path, you may still have rights to see your grandchild. Read more about grandparents’ rights in Nevada to understand your options for visitation.
How The Rosenblum Allen Law Firm Supports Families
Advocating for the Child’s Stability
Navigating Nevada family law and the specific rules of Guardianship Court can be confusing. We help relatives cut through the red tape. We handle the uncomfortable legal confrontation with family members so you can focus on providing a loving home.
Structuring Sustainable Arrangements
We don’t just file paperwork; we help structure orders that work for real life. This includes drafting clear, enforceable visitation protocols that minimize conflict and keep the children shielded from adult drama.
Ready to Protect the Child in Your Care?
If you are caring for a child who isn’t legally yours, you are in a vulnerable position. You need the legal protection that only guardianship can provide. Contact us at The Rosenblum Allen Law Firm today at (702) 433-2889. We have locations in Las Vegas and Henderson ready to help you secure the legal authority you need to keep the children in your care safe and stable.
THE ROSENBLUM ALLEN LAW FIRM
Tel: (702) 433-2889 | Email: [email protected]
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