How to Get Custody of a Sibling in Nevada

A guardianship in Nevada is a legal relationship that is created when a court appoints a person to care for another person who is not legally competent to care for themselves. Courts in Nevada may appoint one person to be the guardian of another in a variety of situations. A person does not actually get custody of a sibling in Nevada. However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances.

Courts may grant a guardianship for a minor child whose parents are both unfit to have custody of their child in Nevada or whose parents have both passed away. Guardianships are also granted for adults with disabilities or people who are no longer able to manage their affairs because of illness. A local attorney in Nevada would be able to provide more information about guardianships in that state.

Guardianship is the answer whenever a child’s biological parents are unable or unwilling to act as the child’s guardian. A court in Nevada will name a guardian for a minor if the court decides that it would be in the best interest of the minor under the following circumstances:

• The parents agree.
• The parent’s parental rights have been taken away by a court.
• The parents are not able to care for the minor because they have passed away.
• A person named as the guardian for the minor dies or becomes incapacitated, and they did not name a replacement guardian.

What Is the Process for Obtaining Custody of a Sibling?

A person who wants to be appointed guardian must petition the court in the county where the proposed ward lives. The court holds a hearing on the petition to determine whether the guardianship would be in the ward’s best interests.

The person who seeks appointment as a guardian has the burden of proving that they should be appointed. A prospective guardian must show that no less restrictive form of intervention is available. They must also show that they are qualified under Nevada law to be appointed as the guardian of a minor ward. Expert testimony from physicians, psychologists, and social workers may be needed or at least helpful.

A person would do well to have a legal consultation before seeking to be appointed as the guardian of a minor.

How Old Do You Have to Be to Take Custody of a Sibling in Nevada?

A guardian in Nevada must be at least 19 years old. They must meet other qualifications as well. A guardian must be mentally competent and a resident of Nevada. If the person does not live in Nevada, they must designate a registered agent in the state. A guardian may not have any felony criminal convictions.

Can a Sibling Be a Legal Guardian?

A court in Nevada may appoint any person they think is suitable to be a guardian, including an adult sibling. On the other hand, a guardian does not have to be a relative of the prospective ward. However, a Nevada court does give preference to the protected person’s relatives if more than one person seeks to be appointed the guardian.

One person may petition a court to be appointed guardian. However, 2 people, usually a couple, may serve as co-guardians also.

If more than one person seeks to be a guardian, the court will give preference to one of them on the following basis:

• People nominated for guardianship by the parent if the ward is a minor child
• The court considers a request regarding the choice of a guardian made by a minor ward who is 14 or older, but the court does not have to honor the request.

A Nevada court may require a guardian to complete training that the court thinks is appropriate for a personal guardianship case as well.

There are a few additional disqualifiers, as follows:

• Having filed for bankruptcy in the last 7 years
• Having been disbarred or suspended from practicing accounting, law, or other professions in which a person handles money
• Having committed a crime of abuse, exploitation, domestic violence, abandonment of a child, or isolation.

What Else Should Be Considered?

As noted above, a child who has been orphaned may need a guardian. Also, guardianship might be appropriate if an Iowa court has determined that it is in the child’s best interest to terminate the parental rights of a child’s biological parents per the child custody laws in Nevada. A court might terminate a parent’s right to custody of their child in cases that involve child abuse or neglect, drug or alcohol addiction, or parental incapacity.

In some situations, a child’s parents themselves may have named an adult sibling in their will to serve as the child’s guardian if the parents pass away or become incapacitated.

It is possible that an adult sibling of a minor child would be the person who petitions a court to terminate the parent’s rights. An Iowa family law attorney would be able to help an adult sibling collect evidence to support termination of parental rights and show that it would meet the child’s best interest standard. Courts use this standard for all child custody decisions in Iowa.

They might also prepare the legal petition to get the adult sibling appointed as guardian.

If there is no adult sibling to serve as guardian and no other person qualified and willing to serve as a guardian, a court may appoint a public guardian. This is a person or entity who has the necessary qualifications and is registered and approved by the county probate court to serve as a guardian.

The guardianship of a minor sibling would come to an end when the minor reaches the age of 18 years old or is emancipated by marriage or the order of a court.

Do I Need an Attorney for Sibling Custody Issues?

To become the legal guardian of your sibling who is under the age of 19, you want to consult a Nevada custody lawyer. LegalMatch.com can quickly and easily connect you to a lawyer who understands the forms, documents, and court procedures required and can help you make your best case.