Grandparents love their grandkids, and many jump at opportunities to spend time with them. Sometimes, there is contention between what grandparents want and what the children’s parents or legal custodians are willing to allow. We see this when parents don’t have a good relationship with grandparents, or can commonly arise when a parent dies or parents divorce and grandparent access goes to the wayside. This leads to an interesting legal question: do grandparents have visitation rights in Nevada?
Grandparents Have a Right to Petition for Visitation
Nevada Revised Statute Section 125C.050 sets forth certain conditions in which grandparents can petition a court for visitation with their grandchildren. Specifically, grandparents have the legal right to pursue a “reasonable right to visit” their grandchild if a parent of the child: (1) is deceased, (2) is separated or divorced from a custodial parent, or (3) has relinquished or had his or her parental rights terminated.
To successfully obtain a visitation order, a grandparent must:
- Prove that a parent of the child “has denied or unreasonably restricted visits with the child”; and
- Overcome a presumption that it is not in the child’s best interest to grant a grandparent’s right to visit, proving by clear and convincing evidence that grandparent visitation is in the child’s best interest.
What Factors Must a Court Weigh When Considering Grandparent Visitation?
When determining whether a grandparent has met this high burden, courts must consider:
- “The love, affection and other emotional ties existing between” the grandparent and child;
- The grandparent’s “capacity and disposition” to give love and guidance to the child and to meet the child’s needs during visitation periods;
- The prior relationship between the child and grandparent including whether the child resided with the grandparent and saw the grandparent at holidays and family gatherings;
- The grandparent’s “moral fitness”;
- The grandparent’s mental and physical health;
- The child’s preference and maturity to express a preference;
- The grandparent’s willingness to “facilitate and encourage a close and continuing relationship between the child and the parent”;
- The child’s medical and other needs as affected by grandparent visitation;
- Whether the grandparent has provided any financial support for the benefit of the child; and
- ”Any other factor arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation” against the parent’s wishes.
Trust Viloria, Oliphant, Oster & Aman L.L.P. to Fight for You
Viloria, Oliphant, Oster & Aman, L.L.P. provides top quality family law representation to men and women who are navigating issues relating to divorce, child custody, and the modification of orders. We take are responsibilities to our clients very seriously, knowing the significant impact that the outcomes have on the lives of our clients and their children. If you need family law advice or representation, you have legal rights and deserve a lawyer who will fight for you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.