Reno Grandparent Visitation Lawyers
Fighting for the Rights of Grandparents in Northern Nevada & Carson City
Divorce, the death of a parent, or other child custody issues can lead to the loss of visitation with grandchildren for grandparents. This is especially sad and even detrimental to both children and their grandparents when a close and loving relationship has been formed. In some cases, grandparents or other relatives may have helped to raise a child or acted as a caregiver to grandchildren while the parents were employed. Upon divorce or other circumstances, these children may then be deprived of the affection and time spent with these individuals.
In Nevada, laws have been created that allow grandparents and third parties other than grandparents to be granted visitation rights to a child in certain situations. While winning your case in court can be a difficult and complicated matter with the burden of proof resting on you, Berkich Lucey Law Group can help. We do not recommend that you attempt this matter on your own as the court requires clear and convincing evidence that visitation with your grandchild should be permitted. Our legal team is very familiar with what needs to be demonstrated in court to obtain a favorable outcome. We can build your case through detailed work, preparation, and argument to give you the best chance of visitation success.
Grandparent Visitation Rights 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.
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.
Put a Strong Advocate in Your Corner
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.
Made me feel like I was their only client and that my case was their first priority.” - Eizabeth McCann
“Great staff, great experience”- Bob Hovorka
“I wouldn't have made it through my divorce without Berkich Lucey Law Group's support.”- Samantha R.