This is the next post in my series on dealing with a Las Vegas grandparent requesting visitation with one’s child. My last article discussed why a parent’s denial of grandparent visitation will be presumed valid. It is important to understand that Nevada, like other states, has a policy that parents should be the ones making such decisions rather than the Courts. It is up to the grandparent to show that visitation would be in the best interests of the child. In this article I will discuss another important topic – how a parent can establish proof that a grandparent should be denied visitation. If you need assistance then contact my office today to speak with a family law attorney.
A grandparent will be denied visitation with the child if such contact would not be in the child’s best interests. When determining what is in the child’s best interests the Court will be most concerned with objective evidence. If, for example, a parent has emails, social media messages, texts, etc. showing that a grandparent is the source of hostilities with the parent then such evidence would objectively weigh against the grandparent. Such evidence may also show that the grandparent undermines the parent’s authority to the child or that the grandparent otherwise lets the grandchild “run wild” while in their care. A parent defending against a visitation case should provide their attorney with all copies and records of communication which are in their possession.
The discovery process can also be used to show whether the grandparent is not of proper moral character to warrant visitation. I have previously discussed the importance of discovery in child relocation cases. As I explained in that article, discovery is the process by which information is obtained from the other side in litigation. It can be used to obtain criminal histories, phone records, emails, bank records, and other information which can show a pattern of how the grandparent conducts themselves. If, for example, you know the grandparent to have a drinking problem then it will be necessary for you to prove it. By acquiring their bank records you can establish a history of ATM transactions at local bars. This is just one example of how you can use the process to acquire needed evidence which can then be presented at trial.
If you require assistance then contact my office today to speak with a Las Vegas family law attorney. I have handled many child visitation cases and I am ready to assist you.
