This is the next post in my series on the rights of Nevada grandparents in regard to child visitation. My last article addressed how Nevada approaches “grandparent rights.” It is important to understand that our state grants a number of parties, including grandparents, the ability to seek visitation as long as certain conditions are met. The Court, however, will only grant visitation if doing so will be in the best interest of the child. In order to determine whether you have a legitimate case, it is strongly recommended that you speak with an attorney as soon as possible. In this article I will discuss what rights a grandmother or grandfather have after their son or daughter has died. If you are in need of assistance, contact my office today to speak with a lawyer.
Las Vegas grandparents will have no visitation rights immediately after the death of their son or daughter
As I explained in my last article, NRS 125C.050 grants grandparents the right to seek visitation, after the death of a child’s parent, only if the remaining parent has unreasonably denied contact. This means that the unreasonable denial of contact must be taking place before a case can be brought in the Clark County Family Court. If the grandparents seek to file a case immediately, then it will likely be dismissed by the Court as such a filing would be premature. Also, a Court would likely be dismissive of any claim unless it is shown that the denial of contact has been ongoing for at least some time. This means, for example, that the Court would be more likely to dismiss a case where the grandparent was told once that there would be no visitation as opposed to a case where the grandparent had regularly been denied contact for six months. It is important to remember that how the Court will rule is always going to depend on the facts of the matter and that you must discuss your situation with qualified counsel.
The reason why the foregoing concepts may seem harsh to some is the fact that Nevada differs from many other states in that it does not explicitly recognize “grandparent rights.” Our state strongly believes in the idea of a “parental preference.” This means that the preferences of a parent are presumed valid and it is also presumed that a parent will act in the best interests of the youth. This is also part of a philosophy in which it is believed that it is the role of parents to make decisions on behalf of their children and not the responsibility of the Courts.
Grandparents can overcome the parental presumption by showing that visitation would be in the best interests of their grandchild
Nevada’s presumption that a grandparent should not have visitation is just that – a “presumption.” This simply means that the Judge must start each case with the belief that the denial of visitation is valid. If the evidence shows, however, that visitation with the grandparent would be in the best interest of the child then the Court will grant such visitation. Evidence supporting visitation would include proof of a past relationship with the child, proof that the grandparents have the ability to be a positive influence in the child’s life, and more. The type of evidence which will be relevant will always depend on the case and no two matters are alike. This, again, is why it is strongly suggested that you speak with an attorney.
If you are in need of legal assistance then contact my office today to speak with a Las Vegas grandparent rights lawyer. I only handle matters related to family law and I will stay in regular contact with you as the case moves forward. We look forward to being of service.