When a couple decides to get a divorce, it often affects more than just the two of them. Many times children are a part of a marriage and grandparents are also beloved family members. Nevada grandparents may wonder if they will have any rights to visit their grandchildren once the divorce is finalized.
Nevada has a grandparent statute that applies to grandparents and any other third-party who is interested in establishing visitation with a child. Grandparents can only get visitation if the grandparent's child has died or if their child is a non-custodial parent. If the grandparent's child is alive or has custody then the grandparent would not be able to have visitation rights.
In Nevada, grandparents need to prove by clear and convincing evidence that it is in the best interest of the child to have visitation. There are criteria that the courts follow in establishing visitation for grandparents. This includes emotional ties between the grandchildren and the grandparents, grandparent's willingness to be a role model, grandparent's willingness to supply materials during the visitation, prior relationship between the grandparents and grandchildren such as whether they lived together or celebrated holidays together, grandparents' moral fitness, mental and physical health, among other factors.
If a grandparent believes they should be granted grandparents rights they may want to speak with an attorney who specializes in family law. An attorney can review the law with the grandparents and help them navigate the complicated legal system. An attorney can make sure their clients are aware of their legal rights and can help them get the access they deserve to their precious grandchildren.
Source: thespruce.com, "Nevada grandparents' rights," Susan Adcox, Nov. 6, 2016
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