Las Vegas Guardianship Lawyers

Jurisdiction in Guardianship Cases in Nevada

In order for the district court to have subject matter jurisdiction to appoint a guardian, the child must live in Nevada for six months at the time the petition is filed. A district court may exercise temporary emergency jurisdiction to protect a child who is physically present in Nevada if “the child has been abandoned or it is necessary for an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” NRS 125A.335(1).

NRS 125A.335(2), which codifies section 204 of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), sets out three requirements for a district court that is exercising temporary emergency jurisdiction to enter a final order:

1. no court in another jurisdiction has entered an applicable custody order or commenced custody proceedings,
2. the district court’s order provides that it is to be a final determination, and
3. Nevada has become the child’s home state

To discuss a jurisdiction matter or any other guardianship issue, please get in touch with our highly skilled and proven North Las Vegas guardianship attorneys.

The Parental Preference Presumption in Nevada

The Parental Preference Presumption provides that “[t]he parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian of the minor.” NRS 159.061(1). “If, however, neither parent is qualified and suitable, or if both parents are, the statute requires the court to move to the second step, determination of who is most suitable.” In re Guardianship of D.R.G., 119 Nev. 32, 38, 62 P.3d 1127, 1130–31 (2003).

When determining whether a parent is qualified and suitable, the district court must give “the child’s basic needs [and] welfare” priority over the parent’s interest in custody. Id. at 38, 62 P .3d at 1131. Thus, the parental preference presumption can be “overcome either by a showing that the parent is unfit or other extraordinary circumstances.” Litz v. Bennum, 111 Nev. 35, 38, 888 P.2d 438, 440 (1995).

One extraordinary circumstance that can overcome the parental preference presumption is the “ ‘abandonment or persistent neglect of the child by the parent.’ “ In re D.R.G., 119 Nev. at 38, 62 P.3d at 1131 (quoting Locklin v. Duka, 112 Nev. 1489, 1496, 929 P.2d 930, 934 (1996)).

The Consequences of Abandonment of a Child

“If a parent or parents of a child leave the child in the care and custody of another without provision for the child’s support and without communication for a period of 6 months, … the parent or parents are presumed to have intended to abandon the child.” NRS 128.012(2). To overcome this presumption, the parent must demonstrate that he or she did not abandon the child. See In re N.J., 116 Nev. at 803, 8 P.3d at 134.

“ ‘Abandonment of a child’ means any conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child.” NRS 128.012(1). To determine whether the parent abandoned the child, the courts will look to the parents’ intent which can be shown from the facts and circumstances of the case. The issues of abandonment often arise in a guardianship case.

Our knowledgeable and experienced Las Vegas guardianship lawyers can answer your questions regarding abandonment cases.

We help guardians act quickly when urgency and clarity matter most. Get started today: (725) 999-6468.