Third Party Visitation Rights
Nevada does not explicitly recognize the concept of Grandparents’ visitation rights. What Nevada does recognize is a concept of called Third Party Visitation Rights, which Grandparents can tap into in order to get a Visitation Order from the Nevada Courts. But don’t let the seemingly broader concept of Third-Party Visitation Rights fool you. Such rights are only available in limited contexts and if the Court determines that the granting of such rights are in the best interests of the child or children with whom the Grandparents are attempting to obtain visitation.
Understanding Grandparent’s Rights
In most circumstances, a Grandparent’s right of visitation is limited solely to the amount of time granted to them by the Parents. Under Nevada Law, a Grandparent’s request for visitation with a Grandchild simply does not override the right of a child’s parent to grant the visitation being requested. In other words, no usually means no.
There are circumstances, however, under which the Courts will override the wishes of the parents and grant Grandparent Visitation rights. Generally speaking, the Court is looking for a substantial relationship between the Grandparent and the child. If a Grandparent can demonstrate that the child in question has lived with them in the past, that a substantial relationship has been formed between the Grandparent and the child, and/or that such visitation is in the Child’s best interests, the Court can be persuaded to override the wishes of the parents in order to further the Child’s wellbeing.
How to Obtain Visitation
In order to obtain such visitation, however, the Grandparent must be willing to file a case for visitation. The Child in question may have to be interviewed by a court-appointed interviewer. In other cases, there may need to be an evaluation by a court-approved Child Psychiatrist – often at substantial additional expense.
At Smith Legal Group, we understand Grandparent’s Rights and the circumstances under which the Courts will grant Grandparent Visitation. If you are a Grandparent whose relationship with a grandchild has been interfered with by an unreasonable parent, call Smith Legal Group today. We will evaluate your case and advise you as to the potential efficacy of filing a Grandparents Rights case. Where appropriate, we will assist you in filing your case and obtaining the legal right to visit your Grandchild – even if the parents object.