This is the second post in a series of articles discussing Nevada law regarding the rights of grandparents and certain other individuals to seek visitation of a minor child. The previous article provided an overview of the important elements to consider when a non-parent is requesting visitation pursuant to Nevada Revised Statute 125C.050. In this post, I will address the specific requirements of the statute and the court’s presumption in favor of the parent’s initial decision to deny access to the 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.
As mentioned above, NRS 125C.050 provides a legal mechanism for non-parents to request visitation with a child under very specific circumstances. The statute applies to grandparents, great-grandparents, siblings, and other individuals who have lived with and established a relationship with the child. The requesting person must be able to demonstrate to the court that the parent is denying or unreasonably restricting their access to the child. If each of these elements are present, then it may be possible to initiate a legal proceeding to establish visitation rights.
Even if the circumstances described above exist, the non-parent must overcome the court’s heavy presumption in favor of the parent’s decision to deny access to the child. Under the parental preference doctrine, the court will give strong deference to the parent’s initial determination. From the court’s perspective, the parent is best situated to decide what is in the child’s best interest. A court will not want to overrule the parent’s preference and grant someone access to a child that may be harmful or unsettling. Furthermore, while the court will evaluate the evidence presented by the non-parent, the burden of proof to override the parent’s preference is extremely high. The non-parent must demonstrate by clear and convincing evidence, that visitation is in the best interest of the child.
If you are a grandparent, a great-grandparent, or friend of a Nevada dad and you have been denied access to his minor child, you may have a right to request visitation. Given the complexity of NRS 125C.050, it is important to engage an attorney to discuss your legal options. My firm is dedicated to diligently representing clients in family law matters. Contact my office today to speak with a Las Vegas father’s rights lawyer.