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Grandparents Rights in Nevada
The love between a grandparent and a grandchild can be all-encompassing. Grandparents are often there to help their own children, to love and support their grandchildren and sometimes grandparents can even find themselves being the sole care provider for their grandchildren.
However, when the relationship between a parent and grandparent suffers it can often affect grandchildren and even lead a grandparent to seek Court intervention for custody and/or visitation.
While most parents do not want to sue their own children, maintaining the bond between a grandparent and grandchild can be important enough for a grandparent to seek the assistance of the Court.
In this article, we explain the rights a grandparent has under Nevada law to seek grandparent visitation and/or grandparent custody.
Do Grandparents Have The Right To Visit Their Grandchildren Under Nevada Law?
The answer to this question is sometimes…and it is a very narrow right.
In Nevada, grandparents may have the right to reasonable visitation with their grandchildren if:
- A parent of the child is deceased;
- A parent of the child is divorced or separated from the parent who has custody of the child . . . this is usually referred to as step-parent visitation
- A parent of the child has never been legally married to the other parent of the child, but cohabited with the other parent and is deceased or separated from the parent; or
- A parent of the child has relinquished his or her parental rights or his or her parental rights have been terminated.
Can A Parent Keep Me From Seeing My Grandchildren?
The answer here is “yes.” Parents can keep grandparents from visiting or otherwise communicating with their grandchildren.
If a grandparent rights action is filed, the Court will be presumed that the parent is keeping the grandchild away from you because it is in the child’s best interests. You, as a grandparent, will have to show the Court that this is not accurate or true and that it is in the child’s best interest to have a relationship with you.
You must convince the Court, by clear and convincing evidence, that it is in the child’s best interest to have visitation and/or contact with the grandparents.
What Steps Should I Take To Get Custody of My Grandchildren?
There is a family court judge in Las Vegas that often cautions grandparents about involving the Court and we feel it is important to offer the same advice here: CONSIDER THE LONG-TERM CONSEQUENCES OF YOUR ACTIONS.
A grandparent who seeks Court involvement is involved in a lawsuit against the grandchild’s parents. This can cause further strain in a relationship and can often divide families.
It is important to remember that the Court is not there to provide family therapy but instead to apply the law to a given set of facts. In 20 years of law practice, I have yet to see a grandparent rights case repair family bonds.
So….we caution you that before you seek a lawyer and involve the Court consider whether you really want to file a lawsuit against your grandchild’s parents.
Frequently Asked Questions
What if my grandchild’s parents are still married? Do I have any rights to visitation then?
If your grandchild’s parents are still married, you have very limited rights to visitation unless both parents consent or there are exceptional circumstances showing visitation is in the child’s best interest.
My grandchild was recently adopted by someone outside the family. Do I retain any visitation rights?
If your grandchild is adopted by someone outside the family, in most cases this severs any previous court-ordered visitation rights you may have had.
I provide financial support for my grandchild. Does that give me any additional rights to visitation?
Providing financial support does not in itself grant you any legal right to visitation, but it may be a factor a judge considers in determining the child’s best interests.
Can I request temporary visitation while a court case is ongoing?
You can request temporary visitation, but it is up to the judge’s discretion and temporary orders are not common in these cases.
What age is considered old enough for a grandchild to have input on visitation with grandparents?
There is no set age, but generally older children’s preferences are given more weight by judges in determining visitation rights.
If visitation is granted, can it be modified later on? What’s the process?
Yes, visitation orders can be modified if there is a significant change in circumstances. You would file a petition to modify with the court.
Glossary
Grandparent Rights – The legal rights granted to grandparents allowing them to seek court-ordered custody or visitation of their grandchildren under certain circumstances.
Visitation – The right granted by a court allowing a grandparent to spend time with and have access to their grandchild on a regular basis.
Custody – The physical and legal responsibility for care and control of a child granted by a court. A grandparent can seek sole or joint custody.
Clear and convincing evidence – The legal burden of proof requiring a high level of certainty before the court will rule in the grandparent’s favor.
Parental rights – The legal rights naturally granted to parents over their biological or adopted children. These can only be terminated by a court under extreme circumstances.
Standing – The legal right to bring a case to court. Grandparents only have standing if certain conditions are met.
Petition – The initial court filing by the grandparent requesting visitation or custody and outlining their legal arguments.
Contempt of court – Failure to comply with a court order such as visitation. Can lead to sanctions like fines or jail time.
Modification – The process of asking the court to change the terms of an existing visitation or custody order due to new circumstances.
Even More FAQS for You
In Nevada, our statues list the factors the Judge must consider in order to award grandparent visitation. These factors include:
- The love, affection, and other emotional ties that exist between the party seeking visitation and the child.
- The prior relationship between the child and the party seeking visitation, including whether the child resided with the party seeking visitation and whether the child was included in holidays and family gathering with the party seeking visitation.
- The moral fitness of the party seeking visitation.
- The mental and physical health of the party seeking visitation.
- The reasonable preference of the child.
- The willingness and ability of the party seeking visitation to facilitate and encourage a continuing relationship between the child and the parents of the child as well as with other relatives.
- The medical and other needs of the child related to health as affected by the visitation.
- The support provided by the party seeking visitation, including financial support provided for the support of the child.
- The capacity and disposition of the party seeking visitation to:
- Give the child love, affection and guidance and serve as a role model to the child;
- Cooperate in providing the child with food, clothing, and other material needs during visitation; and
- Cooperate in providing the child with health care.
- Other factors the court deems relevant.
First and foremost, you should speak with an attorney.
While our office is all for people representing themselves in family court, a grandparents rights action can be complicated, time-consuming and can often devastate families. We strongly encourage that you consult with a lawyer before filing a lawsuit for grandparent rights.
The lawsuit for grandparent rights begins like any other…you will need to file a petition with the Court asking to establish grandparent rights.
In your petition, you will need to establish why you are seeking to enforce your rights…is it that a parent is deceased? Has a parent relinquished their rights? Has a parent separated from another parent?
Remember we said there was a narrow right of grandparent visitation?
If both parents are alive and together, with parental rights intact, chances are your petition for grandparent visitation will be denied.
However . . . there may be one more option for you to pursue:
If the child has resided with the grandparents and the grandparent can establish that there is a meaningful relationship with their grandchild AND the parents have denied or unreasonably restricted visitation, a grandparent can still file a petition to enforce their rights.
Once the petition is filed, the parent(s) need to be served with the petition and a summons.
You will have to wait 20 days from the time the parent(s) is served with the petition for the parent to respond to the petition.
Once the parent(s) have filed a written response with the Court, the judge will decide whether or not to grant the petition for grandparent rights. This can be done by motion but most likely will end up in a trial to decide whether or not grandparent rights should be granted.
Keep in mind that your grandchild has two parents.
If you are alleging that one of the parents is unfit, you will need to consider whether this argument applies to your own child – is your own child unfit?
You should also be sure the unfitness argument doesn’t apply to you…will a Court find you unfit?
If so, a grandparent rights action will likely be denied.
If you move forward with a grandparent rights case, it is important to understand that if you are only able to prove your case against your own child, you may create the unintentional consequence of custody being awarded to the other parent.
So….this is where we push you to consult with an attorney to determine whether you really want to, or need to, file a grandparent rights case.
If you are alleging that one of the parents is unfit, you will need to consider whether this argument applies to your own child – is your own child unfit?
You should also be sure the unfitness argument doesn’t apply to you…will a Court find you unfit?
If so, a grandparent rights action will likely be denied.
If you move forward with a grandparent rights case, it is important to understand that if you are only able to prove your case against your own child, you may create the unintentional consequence of custody being awarded to the other parent.
So….this is where we push you to consult with an attorney to determine whether you really want to, or need to, file a grandparent rights case.
Child safety and security is always a paramount consideration by our family court.
If you are dealing with an unfit parent or a parent who is placing your grandchild in a dangerous or unsafe situation you should be prepared to use these facts to your advantage.
For example, if the biological parents have been arrested for a crime, are using drugs or have out of control mental health problems, you should immediately step forward to take custody of your grandchildren.
Remember that one of the factors the Court will consider is whether or not the parent has unreasonably denied contact or restricted visitation.
If you are constantly bad-mouthing the parent or if you are going behind a parent’s back to break the parent’s rules with their own child, there is a good chance a Court will not find that the parent has unreasonably restricted your contact.
It is important that as a grandparent, you support the parent caring for your grandchild.
If necessary, be a resource to supervise contact between your own child and your grandchildren.
As we stated above, grandparent rights cases can be complicated.
Knowing and understanding the presumptions you must overcome as well as the factors considered in a best interest analysis in a grandparents rights case are critical.
It is important to have a Las Vegas attorney that understands the law and knows the burdens that must be overcome in a grandparent rights action.
If you have been unreasonably denied the right to visit your grandchildren, know that rebutting the presumption that granting such visitation rights would not be in the best interest of the child is a difficult, fact-specific inquiry.
Every case and every familial relationship is different, and your circumstances might not squarely fit the court’s process for determining the best interests of the child.
We hope you have enjoyed this article. If so, please leave a comment below.
If you or someone you know needs assistance with a grandparent rights case, call us today at (702) 433-2889 or fill out our on-line form to request more information. Our office has handled many grandparents rights actions and we can help.
A grandparent rights case may not be the answer to your particular situation. This is why we suggest you consult with an experienced family law attorney. There may be other options for your case including seeking a guardianship or filing for adoption.
Our Nevada family law attorneys have extensive experience with grandparent visitation cases, child guardianships, adoptions and terminations. We have handled over 2,000 family law matters and have conducted close to 100 family law trials. Let our experience help protect your rights.
If you are considering filing for grandparent rights contact us today for an initial consultation. We represent clients throughout Summerlin, Henderson, Las Vegas, North Las Vegas and the surrounding areas. We employ common sense and attempt to cost-effectively resolve disputes. When the need arises, however, we are prepared to litigate and take matters to trial. Don’t wait. Call our family law attorneys today at (702) 433-2889 or fill out our on-line form for more information.
Additional Resources for You
To our valued readers, if you are navigating through the complexities of family law, we want to ensure you have access to a comprehensive suite of resources to support you during this challenging time. Our lead attorney, Molly Rosenblum Allen, Esq., has meticulously developed a variety of informative resources to guide you through various aspects of child custody and family law matters in Nevada. Here are some of the resources available to you:
Las Vegas Custody Attorney: A detailed guide on navigating child custody cases in Las Vegas. Learn More
Fathers Rights: Essential information dedicated to protecting and advocating for the rights of fathers in custody disputes. Discover How
Supervised Visitation: Understanding the nuances and regulations surrounding supervised visitation. Read More
Changing Custody Agreement: Insights into the process of modifying a custody agreement in Nevada. Get the Facts
Long Distance Co-Parenting: Strategies for managing co-parenting across distances, ensuring children’s needs are met. Understand the Dynamics
How a Mother Can Lose a Custody Battle: Critical mistakes to avoid for mothers engaged in custody disputes. Avoid These Mistakes
Custody Battle Tips for Nevadans: Practical advice for those involved in a custody battle within Nevada. Get Tips
What Not To Say In Child Custody Mediation: Guidance on what to avoid saying during the sensitive mediation process. Stay Informed
How Much is a Custody Lawyer: Information on the costs associated with hiring a custody lawyer in Las Vegas. Learn About Costs
Types of Custody: An overview of the different types of custody arrangements available to parents. Explore Custody Types
At What Age Can a Child Decide to Stop Visitation: Insights into how age affects a child’s input in visitation decisions. Understand the Age Factor
We encourage you to explore these resources to gain a better understanding of your rights and options, and to empower yourself with knowledge to make informed decisions in your family law matters.
A Special Message from Our Lead Attorney
Molly Rosenblum, Esq
Dear Reader,
I want to extend my heartfelt thanks for taking the time to read through the family law resources I’ve prepared. I understand that navigating family law can be a complex and often overwhelming process, and it’s my hope that these resources provide some clarity and guidance during this time.
While these resources are a good starting point, every situation is unique and often requires personalized attention and advice. That’s where my team and I come in. At The Rosenblum Allen Law Firm, we’re committed to providing the compassionate and effective legal support you need.
I invite you to call us at (702) 433-2889. Let’s discuss your situation, explore your options, and decide on the best course of action together. We’re ready to listen, advise, and guide you every step of the way. Let’s get the ball rolling on finding the best possible resolution for your family law needs.
I look forward to hearing from you soon.
Best regards,
Molly Rosenblum, Esq.
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