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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11455
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My brother is terminal and we do not know how much time we

Customer Question

My brother is terminal and we do not know how much time we have left. He has a 16 year old daughter that he wants to give me guardianship of her. We are all currently living in California, but in 3 months due to my husband Job I will be moving to Nevada.
Her mom signed (in California) over physical and medical custody of her when she was 8 months old. Since then she has not been in her life, she hasn't even tried to be. She does pay child support for my niece.
We are not sure how to go about this all with the fact that we are moving and also that he is terminal and could die honestly at any time.
Submitted: 6 months ago.
Category: Family Law
Expert:  LawTalk replied 6 months ago.

Good afternoon Breanna,

I'm Doug, and I'm so very sorry to hear of your family's situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Does your brother have a will?

2. Has the mother's parental rights been formally terminated by the court?

3. How did the mother sign over custody? In a private document, in a court action or?

Thanks in advance,

Doug

Customer: replied 6 months ago.
Currently he doe not have a will. Being that he does not really own anything he never thought to get one.
As far as her rights, from my understanding no they have not been terminated. The only document that he says she signed was one that gave him physical and medical custody of her.
Expert:  LawTalk replied 6 months ago.

Are you willing to accept the phone call offer? This is a pretty complex situation to try and handle successfully in chat.

Doug

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