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Can grandparents seek visitation with the child after a divorce?

Grandparents in Nevada can play an integral role in a child's life. While on a practical matter they may babysit their grandchild, or pick their grandchild up from school, on a more emotional level they can pass on their years of wisdom and provide their grandchild with unconditional love. Children can benefit from having many loving adults in their lives, including grandparents.

Sometimes, however, this relationship is severed. This sometimes happens when a child's parents divorce. Due to ill will or other reasons, a custodial parent may refuse to let his or her ex-spouse's parents spend time with their grandchild. This can be detrimental to both the grandparent and grandchild. Grandparents in situations like this might wonder if they have a legal right to pursue visitation with their grandchild.

Under Nevada law, grandparents, or any other third party, can pursue the right to have reasonable visitation with their grandchild if certain elements are met. If the child's custodial parent divorced the non-custodial parent, and the child had lived with his or her grandparents and had established a meaningful relationship with the child, then the grandparent can seek reasonable visitation with the child if the child's parent has denied or unreasonably restricted the grandparents' visitation time with the child.

However, if the child's parent has not let the grandparents have visitation time with the child, there is a rebuttable presumption that this is in the best interests of the child. It is up to the grandparent to prove via clear and convincing evidence that, in fact, visitation with the child is in the child's best interests. There are numerous factors the court will take into account to determine whether the grandparent has rebutted the aforementioned presumption.

So, while grandparents can seek visitation under Nevada family law, it is not an automatic given that they'll be granted it. This post only provides a brief overview of this complex topic, and is not legal advice. Every family's situation is unique, and is treated as such. Grandparents who feel they have been wrongfully denied access to their grandchild will want to ensure they understand whether they have any legal visitation rights with their grandchild.

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