This is the next article in my series on the rights of Las Vegas grandparents. My last post discussed the possibility of a grandparent gaining guardianship over their grandchild. It must be remembered that the Courts will only grant such a guardianship if neither of the youth’s parents are able to meet their basic needs. The guardianship must also be found to be in the best interests of the child. It is suggested that you retain an experienced attorney for any guardianship request as Judges do not take such matters lightly. In this article I will discuss steps available to grandparents who are being denied visitation with their grandchild. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Nevada law allows a grandparent to Petition for visitation with their grandchild if two circumstances are present. First, the grandparent must fall in one of the following circumstances:
- The child’s biological parent is deceased
- The child’s parent is divorced from the parent who has custody
- The child’s parent has relinquished their parental rights or their rights have otherwise been terminated
- The child lived with the grandparent
Second, the grandparent must be able to show that the parent’s denial of visitation is unreasonable. If both of these factors are present then the Court may grant visitation if it is found to be in the best interests of the child. When determining what is in the child’s best interests, the Court will consider factors such as the relationship and ties between the grandparent and the grandchild, the moral fitness of the grandparent as well as their mental and physical health, the preferences of the child (depending on their age and maturity), as well as other factors. If a grandparent is granted visitation then they must comply with all Orders issued by the Court. These Orders will include a requirement that the grandparent work with and cooperate with the parent.
Grandparents will have the burden of proving that visitation should be granted. Furthermore, the Court will begin any case with a presumption that the denial of visitation has been in the best interests of the child. Overcoming this presumption will typically require showing a consistent pattern of visitation denial. Furthermore, it will be important to document these denials. Email, text messages, and phone records will be important pieces of evidence for the Court to consider. Also, a grandparent must be able to show that they have attempted to work with the parent. If, for example, the grandparent has only requested visitation at times that would be highly inconvenient for the parent then the Court would likely deny the request.
Requesting visitation with a grandchild can be a complicated matter. Retaining an experienced attorney to assist you with such a case can help you to make sure that you are making the best possible arguments to the Court. As a Las Vegas grandparent rights lawyer, I am experienced in the handling of such matters. If you are in need of assistance then contact my office online or by telephone today to schedule an initial consultation. We look forward to speaking with you.