Grandparent Visitation & Custody Rights in Nevada

grandparents spending time with their grandchildren during a park walk, representing grandparent visitation

The bond between a grandparent and a grandchild can be deep, stabilizing, and lifelong. When a family is disrupted by divorce, separation, or the death of a parent, grandparents are often the ones who feel suddenly shut out—despite having played a meaningful role in the child’s life.

Nevada law recognizes that continued contact with grandparents can sometimes be in a child’s best interest. At the same time, the law strongly protects a parent’s right to make decisions about who has access to their child.

Understanding how those two principles intersect is critical before you take action.

Can Grandparents Get Visitation Rights in Nevada?

Yes—but visitation is not automatic.

Under Nevada law, grandparents may petition the court for visitation with a grandchild. However, parents have a constitutional right to decide who spends time with their children. That means the burden is on the grandparent to prove that court-ordered visitation is necessary and beneficial.

In Clark County, judges take these cases seriously and apply a high legal standard. The court must be convinced that visitation serves the child’s best interest and that denying contact would likely harm the child’s well-being.

What Standard Do Clark County Courts Use?

Grandparent visitation cases are decided under the “best interest of the child” standard, but with additional safeguards for parental rights.

To overcome a parent’s objection, grandparents must typically present clear and convincing evidence showing that visitation is warranted. This is a higher burden than what applies in most custody disputes.

Factors the Court Considers in Grandparent Visitation Cases

When evaluating a request for visitation, Clark County judges commonly look at:

  • Prior Relationship: How involved were you in the child’s life before contact was limited or cut off? Did the child live with you or see you regularly?
  • Emotional Bond: Is there a strong, positive emotional connection between you and the grandchild?
  • Parental Objections: Why is the parent opposing visitation, and are those concerns reasonable?
  • Willingness to Cooperate: Are you able to support a healthy relationship between the child and their parent, even if there is conflict?

The court’s focus remains on the child—not on resolving adult family disputes.

Courts do not grant visitation simply because a grandparent loves the child or misses them. The evidence must show that the relationship plays a meaningful role in the child’s emotional or developmental health.

When Can a Grandparent Seek Custody in Nevada?

Custody is much harder for a grandparent to obtain than visitation.

In most cases, a grandparent seeking custody must show that the parents are unfit or that remaining in the parents’ care would seriously endanger the child. This may arise when a parent has passed away, lost parental rights, or is unable to provide a safe and stable home.

Because custody cases directly challenge parental rights, courts approach them with caution and require strong supporting evidence.

Special Circumstances: When a Parent Has Passed Away

Nevada law provides a clearer path for grandparent visitation when the parent on the grandparent’s side of the family is deceased or has had parental rights terminated.

In these situations, courts are often more receptive to preserving the child’s connection to that side of the family, particularly when the grandparent has played a consistent and supportive role.

FAQs About Grandparent Rights in Nevada

Parents generally have the right to decide who sees their child. A court may override that decision only if the grandparent meets the required legal standard.

No. Parents have custody rights. Grandparents typically seek visitation, and custody is granted only in rare circumstances.

No. Each case is fact-specific, and outcomes depend on the evidence presented.

Talk to Smith Legal Group About Grandparent Visitation or Custody in Nevada

Grandparent visitation cases are legally complex and emotionally charged. At Smith Legal Group, we help Clark County grandparents understand their rights, evaluate their options, and present clear, child-focused arguments to the court.

If you are being denied time with your grandchild and want to understand whether court intervention is appropriate, contact Smith Legal Group at 702-410-5001 to schedule your free consultation and get straightforward guidance on your next steps.

Disclaimer: The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog post should be construed as legal advice. No reader of this post should act or refrain from acting on the basis of any information included in this blog post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.