This is the next post in my series on what rights grandparents do and do not have in Las Vegas, Nevada. My last article provided an overview of topics which this series will be addressing. It also stressed the importance of speaking with an attorney as soon as possible if you are concerned about your grandchild’s current situation. The longer you allow the current situation to persist then the more likely the Court is to consider it the “status quo.” This can result in the Court being less willing to make a change. I will use this article to address the question of whether grandparents can gain custody of their grandchildren. If you are in need of assistance then contact my office today to speak with a lawyer.
Nevada grandparents may Petition for custody of their grandchildren
Recent changes to Nevada law allows for grandparents to Petition the Court to gain custody of their grandchildren. This was not the case for many years. Pursuant to NRS 125C.0035 a grandparent may receive custody if it finds that awarding custody to either of the parents would be against the child’s best interests. When determining what is in the child’s best interests, the Court will consider factors which include, but are not limited to:
- The wishes of the child (depending on the child’s age and maturity)
- The needs of the child and the ability of each party to meet those needs
- The physical health and wellbeing of the parents as well as of the grandparents
- The nature of the relationship between the child and both the parents and grandparents
The first step for a grandparent who wishes to obtain custody of their grandchild is to file a Petition with the Court. The grandparents may then file a Motion to obtain a temporary custody order. The Court will hold an initial hearing on the Motion and issue a temporary ruling. The Court will also issue requirements regarding visitation for the parents (if any is to be awarded), child support, and more. A trial date will be set and, if no settlement is reached, the trial will determine the final custody order.
Retain a Las Vegas lawyer for your grandparent rights case
If you are considering filing for custody of your grandchildren then it is important that you have an experienced lawyer to assist you. As explained above, grandparents must demonstrate that it is in the best interest of the child for either of their parents to have custody. Courts may be hesitant to issue such a ruling. It is important that a compelling case be made to the judge. I am a Las Vegas grandparent rights lawyer who practices no area other than family law. I am familiar with the workings of the Clark County Family Court and my office will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation.