This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Nevada USLegal Guide to Temporary Custody
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US-GDE-05
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In Nevada, a petitioner who believes the child is in danger of abuse or neglect can seek an emergency custody order. The emergency order may be granted by a judge when there is clear and convincing evidence that the child's safety is at risk.
9. Procedure to get a guardianship in Nevada. Would-be guardians must petition the court in the county where the proposed ward lives. The court will then hold a hearing to determine whether the guardianship would be in the ward's best interests.
Generally, a temporary custody order lasts until a hearing is held to determine a more permanent solution. In Nevada, the hearing must be scheduled within 21 days of the issuance of the temporary order, and a decision must be made within five days of the hearing.
The parents of the minor child can fill out this form which appoints a temporary guardian. A temporary guardianship can be used for school and medical purposes. They can be renewed after the six months, and are renewal and terminable at the will of the parent.
Sole Custody in Nevada Unless one of the parents had his/her parental rights terminated, this exclusive type of living arrangement is extremely rare in Nevada. All things being equal, judges believe it is in the best interest of the child in Nevada (NRS 125C.
The parents will sign and notarize a short-term guardianship agreement. Only one parent's signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND. If the child is 14 or older, the child will sign the agreement.
Until they are eighteen years old, or otherwise emancipated, children must follow a Court's custodial order. It must be remembered, however, that the amount of leeway the Court will give a child, in terms of structuring their visitation, will vary.
There are three types of guardianship: (1) Guardianship of the Person, (2) Guardianship of the Estate, (3) Guardianship of the Person and the Estate. A Guardian of the Person only has authority to make personal and medical decisions. A Guardian of the Estate has the authority to make financial decisions only.