Legal Question in Family Law in Nevada

custody of my son after mother dies

I have just been informed that my ex-wife has 2 weeks to 2 months to live, she is the custodial parent. If this happens whom would have the right to say where he will live???I am wanting him to come live with me and my wife, but the grandparents are talking about putting him in a group home. He is diagnosed with cerebeal palsey and I do not believe he is capable of answering for himself, even if he is 20 years old. I am fianancially set for him to live here with us and I am the blood father of him, do I have the right to have him live with me??? He wants that too, or am I going to have to make a trip to Nevada and appear in court just to get custody of him. I have joint custody but she has physical custody as of present. She has cancer and is on morphine 24/7 and cannot stay awake even, I do not believe she is capable either of determining what is best for him?? I think it should be my decision, am I wrong and if so what procedure do take so I can have this setup when the time of her passing away comes.????


Asked on 8/23/07, 7:16 am

3 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: custody of my son after mother dies

Contact a lawyer in Nevada. Is this a conservatorship action? Doesn't really matter at this point. Contact a Nevada attorney by phone and let him or her guide you.

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Answered on 8/24/07, 8:49 pm
James Smith James E. Smith Ltd.

Re: custody of my son after mother dies

Normally the natural parents has superior rights to custody over the grandparents. If you son has not been declared mentally incompetent, it should be his decision as he is over 18.

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Answered on 8/23/07, 10:10 am
Adam Breeden Breeden & Herbe, Ltd.

Re: custody of my son after mother dies

I would have to know some more information, such as why there is even a formal custody order given that your son is over 18. However, as a parent, you have superior custody rights over your son. If there is a dispute, a custody action could be filed here or we can try to get your ex-wife to sign a stipulation before she passes.

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Answered on 8/23/07, 2:38 pm


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