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My parental rights were terminated back in 2011in Las Vegas…

My parental rights were...

My parental rights were terminated back in 2011in Las Vegas only 2 of 7 children. My sister adopted the 2, she lives in Michigan, I to now live in Michigan for past 2 yrs I co parent with my sister and rent a house around the corner from her, we both want my rights reinstated.. Where do I begin, here in Michigan or in Nevada

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No...but do i need to file in Michigan or Nevada.

Lawyer's Assistant: Family law varies by state. What state are you in?

I reside in Michigan, rights were terminated in Nevada

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of I just want to get it started as soon as possible, my sister is getting married and wants to move to NC and wants me to have my kids back

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Answered in 8 minutes by:
3/23/2018
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 304
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. I am reviewing your question & will be with you shortly.

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This is the Nevada Law:

NRS 128.160  Best interest of child in determining consideration in action to set aside termination of parental rights after adoption has been granted; presumption.

1.  In any action commenced by the natural parent of a child to set aside a court order terminating the parental rights of the natural parent after a petition for adoption has been granted, the best interests of the child must be the primary and determining consideration of the court.

2.  After a petition for adoption has been granted, there is a presumption for the purposes of this chapter that remaining in the home of the adopting parent is in the child’s best interest.

(Added to NRS by 1995, 735)

While in Michigan a bill offering similar rights was proposed, it does not appear to have passed.

Since the child resides in Michigan, any action for reinstatement would have to be brought in Michigan, but the Court would have to be convinced to follow Nevada Law since that is where the TPR was initially granted.

This would be a very difficult case to win. i would suggest you try to locate a local attorney expert in these types of cases.

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Customer reply replied 1 month ago
Being that the adoption was granted could my sister give me temporary guardianship, while remaining in full custody?

She can, provided the Court finds it in the child's best interest.

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Customer reply replied 1 month ago
I have 3 of my children are living with me still.. I moved to Michigan 2 yrs ago to be with my other 2 children..so your saying that I need to contact a lawyer here in MI
Customer reply replied 1 month ago
Insane on line that in Nevada the only one who can file for petition is the child or the legal guardian.... So does this still mean that only my sister can file petition to request my rights be reinstated

As it says above, in Nevada an action can be commenced by the natural parent of a child to set aside a court order terminating the parental rights .

Yes, contact a lawyer in Michigan because they have jurisdiction because the children reside there.

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The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please feel free to ask more questions and I will be happy to continue to assist you.

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Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 304
Experience: Attorney At Law at SELF
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