When Las Vegas grandparents or third-persons may have visitation rights

Posted by on Jan 18, 2016 in Grandparent Rights | 0 comments

Grandfather looking photos with grandchildThis is the second post in my discussion on the visitation rights of Las Vegas grandparents and other third persons. My last post provided an overview of topics I will be discussing in this series and stressed the need to speak with an attorney if you find yourself in such a case. It is important to understand that such cases are complicated and that acquiring legal assistance can go a long way towards making your case run more efficiently. In this article I will discuss when grandparents or other persons may seek visitation with another child.

There are multiple situations in which Nevada law allows for persons to seek visitation with a child who is not theirs. Both of these situations fall under NRS 125C.050. First, grandparents, great-grandparents, and siblings of the child may seek visitation under a variety of situations. Such people may seek visitation if:

  • The child’s parent is deceased
  • If a non-custodial parent is divorced or separated from the custodial parent
  • If the child’s non-custodial parent has had his or her parental rights terminated

Second, if the child has resided with someone and formed a meaningful relationship with that person then the person may seek visitation from the Clark County Family Court. Under each of these circumstances, however, the person seeking visitation will only be entitled to it if they can show that the child’s custodial parent has unreasonably denied visitation. It is the burden of the person seeking visitation to show that the denial has been unreasonable.

The Judge is required to begin each case with a presumption that a denial of visitation was reasonable. In other words, the Judge must start off each case under the assumption that the Petitioner (the person seeking visitation) should not be granted visitation and it is the Petitioner’s obligation to convince the Judge otherwise. In determining whether the Petitioner has met this burden the Judge will consider the best interests of the child, the historical relationships between parties, whether the Petitioner is morally and mentally fit, whether the Petitioner has ever supported the child, etc. If an adequate showing cannot be made then the Petition will be denied.

One seeking visitation with a child in Las Vegas should contact a grandparent rights lawyer immediately. It is important to understand that burden of proof in such cases is high and that it is crucial that a Petitioner adequately present their case to the Court. Failure to do so may result in visitation being denied. I practice exclusively in the area of family law and handle such matters. Contact my office today to speak with an attorney.

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