Grandpa with grandsonThis is the next post in a series of articles discussing Nevada law regarding the rights of non-parents to seek visitation of a minor child. The previous article discussed when non-parents can request visitation with a Las Vegas child. It also provided information about the court’s presumption in favor of the parent’s initial decision to deny access to the child. This article will address what constitutes unreasonable restrictions against accessing a minor child. If you are a non-parent considering requesting visitation in Las Vegas, it is essential to engage an experienced family law attorney to evaluate your options. If you need assistance, contact my office today to speak with a lawyer.

Pursuant to NRS 125C.050(3), a non-parent may petition the court for the reasonable right to visit a minor child only if a parent of the child has denied or unreasonably restricted visits with the child. In the case of a complete denial of access to the child, this analysis is fairly straightforward. Assuming that the non-parent is able to demonstrate that all elements of the statute are met and overcome the presumption in favor of the parent’s decision to deny access, the court may grant visitation. In cases where the non-parent believes the visits are unreasonably restricted, the analysis is more complicated. It is important to note that where some access is granted, but the non-parent doesn’t completely agree with the parent on the visitation schedule, the court is not likely to label this an unreasonable restriction.

This concept is best explained through the following examples. Consider a situation where the child’s father is deceased and the mother refuses to allow the paternal grandmother to see the child. Assuming the grandmother can make the case that it is in the child’s best interest to maintain a relationship with her, the court may decide that she should have certain visitation rights. Now consider the same set of facts, except the paternal grandmother occasionally sees the child when the family’s schedule permits it. Grandma demands that mom grant visitation with the child every weekend. If the mother refuses because the request is too disruptive to her own time with the child, this dispute over scheduling would not likely considered by the court to be an unreasonable restriction.

It can be heart-breaking to be kept from a child you love. An experienced Las Vegas father’s rights attorney can help you understand your legal rights to seek visitation. My firm is dedicated to helping families navigate this type of difficult situation. If you or someone you love are considering taking action under NRS 125C.050, Contact my office today to speak to a lawyer.

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