This is the next post in a series of articles on seeking visitation rights for grandparents and other individuals in Las Vegas, Nevada. The previous post focused on one of the key elements for those seeking non-parent visitation: demonstrating that a parent has unreasonably restricted the non-parent from accessing the child. As noted throughout this series, there is a strong presumption in favor of the parent’s decision to restrict someone’s access to their child, which can be difficult to overcome. Retaining experienced counsel can help you understand your options. This article will discuss the process for initiating a petition for visitation under 125c.050. The process can be complex and I can not overemphasize the importance of engaging an attorney with experience in visitation matters to represent your interests. If you need assistance, contact my office today to speak with a lawyer.
When a non-parent desires to open a case under NRS 125c.050 for visitation with a child, the first step in the process is to complete and file the Petition For Non-Parent Visitation with the Clark County Family Court. The petition establishes basic information about the parties and their eligibility to take action under the statute as well as current custody information and living arrangements for the child. At the same time, the parties are required to file a Motion requesting the visitation sought and scheduling a hearing on the matter. The non-parent seeking the petition is required to serve the child’s parent(s) with the documents filed with the court within 120 days after the petition is filed. If Child Protective Services is involved with the child, the Department of Family Services must also be served. Upon being served, the parent(s) have 20 days to respond. The court will then schedule the hearing and proceed with the case.
The time period between filing the initial petition and ultimately attending a hearing on the matter may be lengthy. As such, the non-parent party may also consider filing a Motion requesting temporary visitation while the original motion is pending. Although extremely difficult, it is not impossible to rebut the very strong presumption in favor of the parent’s decision to prevent a non-parent from visiting a child. In certain extreme circumstances, one may be able to convince a judge to allow temporary visitation. Even if this motion is denied, however, the court may view it as a positive indication of one’s concern for the child and as evidence of the positive nature of one’s relationship.
As noted throughout this series, seeking non-parent visitation can be an uphill battle. The requirements for eligibility and the high burden of proof to challenge a parent’s choice can be overwhelming. If you have been denied access to a child you care about, it is important to seek assistance from an experienced Las Vegas father’s rights attorney to help you through the process. My firm is committed to providing the highest level of service to our clients. Contact us today to speak with a lawyer.