View Full Version : I need to get custody of my nieces! Help!
wiccan_chick
Aug 20, 2011, 12:22 AM
I am a 21 year old woman from Salt Lake City, UT. My sister has two amazing daughters, but these children are not treated very well emotionally, mentally, or physically. I am currently seeing what I would have to do to gain custody of these two girls. Their parents are going through a divorce because their father was abusive to both the children and his wife. My sister does not want her children, admittedly, and I do have witnesses for that, and their father cannot even support himself. My husband and I adore these children and we are their God Parents. What should I do to get custody of them? We are even willing to move right to their school so they do not have to get tossed around so much. I would give life and limb for these children, and I feel in my heart they are meant to be mine. Only problem is... I do not even know where to start.
GV70
Aug 20, 2011, 03:11 AM
Generally-you have to prove / there is "Clear and convincing standard"/ that both parents are unfit and both parents do not want to take their responsibility.
GV70
Aug 20, 2011, 03:12 AM
Child Custody: Summaries of State Laws - FindLaw (http://family.findlaw.com/child-custody/custody-forms/state-child-custody-laws.html#NV)
Nevada. Best interests of the child is the standard. The court awards custody in the following order of preference unless in a particular case the best interest of the child requires otherwise: to both parents jointly or to either parent; to a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment; to any person related within the third degree of consanguinity; to any other person or persons whom the court finds suitable and able to provide proper care. In determining the best interests of the child, the court considers: the wishes of the child if the child is of sufficient age and maturity; any nomination by a parent for a guardian; whether either parent has engaged in domestic violence. A finding of domestic violence creates a rebuttable presumption that custody would not be appropriate by the perpetrator.
A friendly advice : Have in mind that the children may be placed in foster homes!
Consult with an experienced lawyer about the case.
AK lawyer
Aug 20, 2011, 06:54 AM
Child Custody: Summaries of State Laws - FindLaw (http://family.findlaw.com/child-custody/custody-forms/state-child-custody-laws.html#NV)
Nevada. ...
GV70, OP says she is in Utah, not Nevada.
I don't see that the nieces are in Nevada either.
Fr_Chuck
Aug 20, 2011, 11:40 AM
As long as the mother and father of the children are willing to sign to allow you either guardianship or to allow you to adopt there is no problem.
GV70
Aug 20, 2011, 01:30 PM
GV70, OP says she is in Utah, not Nevada.
Oooops... my mistake.:mad:What a stray sheep I am... :)
Utah. The court considers the best interests of the child along with the past conduct and demonstrated moral standards of the parties. There is a presumption that a spouse who has been abandoned is entitled to custody. State law contains advisory guidelines for visitation schedules, broken down by age of the child.
wiccan_chick
Aug 20, 2011, 09:36 PM
Well an update for anyone that cares. I talked to them both, and they have both agreed to sign over at least temporary custody of the children to me. The have both agreed that this is the best for the children, as neither of them are fit to be raising them at the moment, and they both know it. It has been a crazy day, I tell you what. Thank you all for your responses, I appreciate it very much, but it looks as though I will be able to get them without a fight, which is good, as they are both already way too stressed for a 5 and 3 year old.