Relocating a Minor Not Living with the Custodial Parent

[dragon68]

My question involves a child custody case from the State of: Nevada

My Niece and her fiance took in my 17 year old nephew about 1 year ago. His mother is in the area, but has not had a permanent address in years, and does not provide for him in any way. My Niece and her fiance would like to move to the midwest to be near my wife and I and the rest of the family, to get a fresh start, and she wants to bring her brother with. Hw wants to come, but the mother threatened legal action if she took him out of state. My niece is under the impression that since he dropped out of school over a year ago, that he is an emancipated minor at 17 under Nevad law. He has never had a state ID, much less a drivers license, and god only knows where his SS Card is. He will be 18 5 months after the planned move.

We want to get him enrolled in a GED program, and start getting his life back on track, as well as helping my niece and her fiance, since they are now expecting. We have plenty of room, and they will live with us until they can get established. My niece and nephew have suffered long enough under their addict mother. She still pops in occaissionally when she needs something from them, but has never been able to provide them with much of anything. These kids need a real start. My niece and her fiance are both working in Nevada, but the employment situation is so bad out there, they are just lucky to have jobs.

My question is, does my deadbeat sister in law have the ability to prevent him from moving? We want to help, but want to make sure when we do it, that we can provide him with the security in knowing that his mother can not continue to wreak havoc in his life from 2000 miles away. If he leaves, can she legally do anything to my niece, or to my wife and I? If we do it anyhow, would a lawyer be abloe to forestall any actions until after he turns 18? Or, are we stuck waiting for him to turn 18? His paternal Aunt had temporary custody at one time, but that lapsed. Any ideas?

[PQN]

If mom is the custodial parent, then nephew lives where she tells him to live. If niece moves to your home, where is sister-in-law going to put nephew? Where is your brother? How did paternal aunt's custody lapse?

He is not emancipated.

Dealing court until after he is 18 merely means that HE will not be ordered to move back. YOU, your wife, niece and her fiance (all involved adults) could still face charges for custodial interference, etc.

[dragon68]

This is my wifes sister, not my brothers wife. His mother and father are not together. Both parents are irresponsible an incapable of providing him a home. This is why he lives with his sister and her fiance. Paternal Aunt's custody lapsed because she only had temporary guardianship. When the guardianship expired, her custody lapsed. Can she actually file charges of custodial interference, if he has not been living with her, and she has shown no inclination to provide for him? She does not want to support him, or provide a home for him. She just objects to him coming to live with us (she and my wife do not get along).

[llworking]

This is my wifes sister, not my brothers wife. His mother and father are not together. Both parents are irresponsible an incapable of providing him a home. This is why he lives with his sister and her fiance. Paternal Aunt's custody lapsed because she only had temporary guardianship. When the guardianship expired, her custody lapsed. Can she actually file charges of custodial interference, if he has not been living with her, and she has shown no inclination to provide for him? She does not want to support him, or provide a home for him. She just objects to him coming to live with us (she and my wife do not get along).

If everyone could just wait for 5 months, then it would no longer be a problem as your nephew would be 18 and free to live wherever he likes.