Grandfather hugging grandsonThis is the first 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. In certain circumstances, such as divorce, death or termination of a father’s rights, the child’s grandparents or others may feel they are being prevented from seeing the child. In some cases, Nevada Revised Statute 125c.050 may provide a remedy. The goal of this series is to provide information about the limited circumstances in which this statute may apply and how the court may approach such requests. Meeting the law’s strict standards can be difficult. If you are considering legal action pursuant to this provision, it is essential to engage an experienced family law attorney to evaluate your position and represent your interests. If you need assistance, contact my office today to speak with a lawyer.

I will address several key topics in this series, including:

  • When NRS 125c.050 applies and the presumption in favor of the custodial parent
  • What constitutes an unreasonable restriction against access to a child
  • The process to initiate a petition for visitation under NRS 125c.050
  • The importance of discovery in a request for visitation
  • What to expect if the petition for visitation proceeds to trial

I feel it is important to discuss these subjects for the following reasons. First, NRS 125c.050 sets forth specific situations under which grandparents, siblings, etc. may petition the court for visitation rights. Before taking legal action, impacted parties should understand the limited scenarios to which the statute applies and the presumption in favor of the parent’s decision to withhold access to the child. Second, an eligible person may petition the court only if the parent has unreasonably restricted such person from visiting with the minor. Understanding what constitutes an unreasonable restriction is an important threshold issue when considering your rights. Third, parties should have a basic understanding of the process to petition the court. Fourth, discovery, the legal process to obtain evidence from other parties, will play an important role in building a party’s case. Last, visitation proceedings can be contentious and petitioners under Nevada law bear a high burden of proof. Knowledge about what to expect in the trial process may help you understand your options.

If you are a grandparent, a great-grandparent, sibling or friend of a Nevada dad who has been prevented from seeing his minor child, 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 father’s rights lawyer.