Grandparents who are the parents of a non-custodial parent or of a deceased parent may seek visitation with a grandchild in the state of Nevada. The child's parents need not have been married if they cohabitated. Grandparents may also seek visitation if the parent's rights have been terminated or relinquished. In all of these situations, however, the custodial or surviving parent must have denied or "unreasonably restricted" visitation.
The decision of the parent to restrict visitation is presumed to be in the best interests of the child, but this is a rebuttable presumption. The State of Nevada sets out special criteria for determining the best interest of the child. These include:
- Emotional ties existing between the grandparent and grandchild
- The grandparent's ability to provide love and guidance and serve as a role model
- The grandparent's willingness to supply material needs during visitation
- The grandparent's ability to provide the child with health care
- The prior relationship between the two, including such factors as whether the grandchild resided with the grandparent and whether the child was present at holidays and family gatherings
- The grandparent's moral fitness
- the grandparent's mental and physical health
- The preference of the child, if applicable
- The willingness of the grandparent to facilitate and encourage the child-parent relationship
- The medical needs of the child
- Any financial or other support provided by the grandparent
- Any other pertinent facts
Adoption does not always end visitation rights. The request for visitation rights must have been filed before the parental rights were relinquished, and the court must, of course, determine that visitation is in the best interests of the child.
Go back to grandparents rights by state.