When Are Grandparent Visitation Rights Granted in Nevada?
Grandparent rights are not automatic as courts are reluctant to override a parent’s right to decide what is best for his or her own child. Under Nevada law, however, a family court may grant a “reasonable right” to visitation for grandparent under certain circumstances.
The following are scenarios under which you may be granted grandparent visitation rights:
- After the death of the child’s parent
- After the parent is divorced or separated and the other parent retains custody of the child
- When the child’s parents never married and the parent has died or separated from the other parent
- When a parent’s rights have been relinquished or terminated
For example, a grandfather’s son who is the unmarried father of his grandson dies in a car accident. The grandparent and grandchild have spent holidays, summer vacations, and other times together in family outings. The unmarried mother of the grandchild refuses to let the grandchild now interact with his grandfather. The grandfather now has the right to pursue his right to visitation with his grandson through the courts.
What Factors Does the Court Consider Before Granting Grandparent Visitation Rights?
The courts will look at many factors to determine if it should allow the grandparent visitation as the presumption is that visitation rights will not be in the child’s best interests. Grandparents must overcome this presumption with evidence showing that visitation will be to the child’s benefit.
The factors that the court must look at when making a grandparent visitation decision include reviewing the relationship that has been established between the grandparent and the child, the love and support that the grandparent has shown the child, the capacity of the grandparent to provide affection and guidance to the child as well as to share in providing for the child’s material needs, the physical and mental health of the grandparent, the child’s preference in the matter if old enough to have an opinion, and other relevant factors. The overriding factor in the court’s decision is whether the child’s best interests will be served. The burden of proof will be on the grandparent to convincingly show the court that spending time with the child will be favorable to the child and should be permitted.
Not only grandparents but great-grandparents and other relatives who have resided with a child may seek visitation rights as well. They will be required to go through the same legal process and present a convincing case to the court in order to prevail. The court will look at the same factors as mentioned above when making its decision.
Why Choose Our Dedicated Legal Team for Grandparent Rights?
Our experienced legal team understands how deeply the loss of a relationship with your grandchild can affect you. We can apply our extensive litigation skills to assist you in making your visitation request to the court. While positive results are not guaranteed, we can provide tenacious, thoroughly prepared, and skilled representation for this worthy endeavor.
Discuss your case with one of our Carson City grandparent visitation attorneys. Call us at (775) 227-2404 to get started today.
Commonly Asked Questions
What are the grounds for grandparents seeking visitation rights in Reno, Nevada?
In Reno, Nevada, grandparents can seek visitation rights under several specific circumstances. These include situations when a parent has passed away, when parents are divorced or separated with one parent retaining custody, or when parents were never married and one has died or separated. Additionally, if a parent's rights have been relinquished or terminated, grandparents may have a pathway to pursue visitation. It's crucial for grandparents to understand that they must provide evidence to the court demonstrating that visitation would serve the child's best interests.
How does the court determine if grandparent visitation is in the best interests of the child?
When assessing grandparent visitation requests, the court in Nevada considers several important factors. These include the nature of the relationship between the grandparent and the grandchild, the emotional support and guidance the grandparent has provided, and the physical and mental health of the grandparent. The court will also take into account the child's preferences if they are old enough to express their views. Ultimately, the court's primary concern is whether granting visitation aligns with the child's best interests.
