Nevada Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   File a Petition for Appointment of Guardian(s) over a Child under NRS Chapter 159A, the Nevada Supreme Court's statewide form, together with the Confidential Information Sheet, in the district court for the county where the child resides; Clark County and Washoe County hear the case in a Family Division, and other counties hear it in the general district court. The court's form controls over any draft.

2. 2

   The court may appoint a temporary guardian ex parte for up to 10 days, after which it must hold a hearing; if it finds by clear and convincing evidence the child still needs protection, it may extend the temporary guardianship for not more than two successive 60-day periods, absent extraordinary circumstances. A separate, narrower temporary guardian is available if the child needs immediate medical attention.

3. 3

   The petitioner must give notice of the hearing at least 10 days beforehand to the child if 14 or older, the parents, all known relatives within the second degree of consanguinity, any person providing care for the child, anyone who filed a request for notice, and any agency providing child welfare services if the child is in its care, custody or control.

4. 4

   A child 14 or older must personally consent to the guardian's appointment, and the court may not appoint over the child's objection unless the petitioner proves by clear and convincing evidence that the guardianship is necessary and in the child's best interest.

5. 5

   Parents are presumed suitable to care for their own child, and it is presumed best for the child to be cared for by a suitable parent. That presumption is overcome only if a parent cannot provide the child's basic needs, poses a significant safety risk, or the child has not been in that parent's care for the 6 months immediately preceding the petition.

6. 6

   The court may, but is not required to, appoint an investigator, an attorney for the child, or a guardian ad litem, and may require the guardian to complete available training. Nevada relies on the petitioner's own disclosure of felony convictions and substantiated child abuse or neglect findings rather than a mandatory statewide fingerprint or background-check statute. A guardian must also file a bond in an amount the court sets, unless the child has no assets or another statutory exception applies.

7. 7

   This guardianship does not terminate the parents' legal rights and is not adoption; a parent, the guardian, or the child may later petition the court to end it; on a parent's petition, the court considers whether circumstances have materially changed, whether the parent has been restored to suitability, and the child's best interest. A parent with legal custody who needs only short-term authority, such as for school or medical consent, can instead sign a notarized short-term guardianship instrument under NRS 159A.205 without going to court.

Nevada Requirements for Guardianship of a Minor Petition

• Statewide Supreme Court Petition Form

  A Nevada guardianship of a minor is filed on the Nevada Supreme Court's statewide Petition for Appointment of Guardian(s) over a Child, together with the Confidential Information Sheet, Guardianship (Child); the court's form controls over any draft.

• District Court With a County-Specific Family Division

  The petition is filed in the district court for the county where the child resides; Clark County (Eighth Judicial District) and Washoe County (Second Judicial District) hear it in a Family Division, while other counties hear it in the general district court.

• 10-Day Ex Parte Temporary Guardianship, Extendable by 60-Day Periods

  An ex parte temporary guardianship lasts up to 10 days before a required hearing, and the court may extend it for not more than two successive 60-day periods, absent extraordinary circumstances, on clear and convincing evidence the child still needs protection.

• 10-Day Notice to Parents and Relatives

  The petitioner must give notice of the hearing at least 10 days beforehand to the child if 14 or older, the parents, relatives within the second degree of consanguinity, any care provider, anyone who filed a request for notice, and any child welfare agency with care, custody or control of the child.

• Age-14 Consent Requirement

  The court may not appoint a guardian for a child 14 or older without that child's consent, unless the petitioner proves by clear and convincing evidence that the guardianship is necessary and in the child's best interest.

• Presumption That a Suitable Parent Should Have Care of the Child

  Parents are presumed suitable and it is presumed best for the child to be cared for by a suitable parent; that presumption is overcome only for specific reasons such as inability to meet basic needs, a significant safety risk, or the child not being in that parent's care for the preceding 6 months.

• Discretionary Investigator, Attorney, GAL and Training

  The court may, but is not required to, appoint an investigator, an attorney for the child, or a guardian ad litem, and may require guardian training; Nevada has no mandatory statewide background-check statute beyond the petitioner's own disclosures.

• Bond Required Unless an Exception Applies

  A guardian must file a bond in an amount the court sets, unless the child has no assets, a licensed banking corporation serves as guardian of the estate, or the guardian was nominated in an instrument that itself waives bond.

• Guardianship Does Not Terminate Parental Rights

  A Nevada guardianship does not end the parents' legal rights and is not adoption; a parent, the guardian, or the child may later petition to end it; on a parent's petition, the court considers a material change of circumstances, the parent's restored suitability, and the child's best interest.