In Nevada, a family member may request custody or guardianship of a minor child that is at risk. The proceedings for this assignment require the individual to follow strict steps for reporting these conditions to the court. A guardianship lawyer in Las Vegas, NV provides clarity about what is expected to achieve these aspirations.
Identifying a Risk to the Child
The first step for the family member is to report these conditions to social services. Once social services receive the report, they visit the home of the child to investigate. The findings of the social worker determine if the child must be immediately removed for their protection. The most common risks include neglect, physical or sexual abuse, and addiction. If the biological parent is addicted to alcohol or controlled substances, the social worker can take the child out of the home without warning.
How to Prepare for the Initial Hearing
The family member prepares for the initial hearing by gathering evidence. The child has the right to speak at the hearing about their living conditions. However, the court renders a decision based on the severity of the risk to the child. The social worker also provides insight into the living conditions. The initial hearing provides temporary custody pending a further review.
The Formal Hearing and Guardianship Assignment
The formal hearing and guardianship assignment occurs one year following the initial hearing. During these proceedings, the court determines if the conditions that presented the risk are still present. They also evaluate the living conditions of the new home. These assessments determine if the petitioner receives guardianship over the child or not.
Can You Terminate the Rights of the Biological Parent?
The biological parent’s rights can be terminated in serious circumstances. If there is a continued risk, the court may terminate these rights to protect the child, which allows the guardianship to become more permanent.
In Nevada, a family member has the right to seek custody or guardianship if a child is endangered. They can petition the court to acquire temporary custody to remove the child from these unsafe living conditions. Family members who need to protect a child should consult a guardianship lawyer in Las Vegas, NV through Grant Morris Dodds or visit website for further details.
