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Not Being Allowed to See Grandchildren: What Are Your Rights?
In the state of Nevada, all decisions related to child custody and visitation are made based on what is in the best interests of the child. Nevada Code Section 125C.050 specifically addresses the situations in which certain non-parent relatives are able to request visitation of a child.
If you are not being allowed to see grandchildren, it can be very frustrating. You may be able to petition the court to ask for visitation rights. A Las Vegas family law attorney at Pintar Albiston LLP can provide you with assistance in petitioning the court to see your grandkids and can help prove to the judge that it is best for the children if you are allowed time with them. Call as soon as possible for help so you can protect your relationship with the grandchildren that you love.
Petitioning for Rights When You Are Not Being Allowed to See Grandchildren
When you are not being allowed to see grandchildren, you can petition for visitation rights under certain circumstances. You can petition for the right to see your grandkids if your son or daughter who is the parent of the children:
- Is deceased.
- Is divorced or separated from the other parent and the other parent has custody of the children.
- Has not ever been legally married to the parent of the other child, has lived with the child’s other parent, and is either separated from the other parent or deceased.
- Has relinquished his or her parental rights or has had parental rights terminated.
Just because a grandparent petitions for visitation does not mean that the court will automatically grant them. A number of different factors are considered including:
- The relationship and ties that exist between the grandparent and grandchild.
- The ability of the grandparent(s) seeking visitation to give the child guidance, affection, and love.
- The ability of the grandparent(s) to act as a role model to the child.
- Whether the grandparents are morally fit, and mentally and physically healthy enough to provide care to the child during visits.
- Any medical needs of the child that could impact the child’s ability to visit with grandparents.
- Reasonable preferences of children who are old enough to express such a preference, if they have chosen to do so.
- Other factors that are relevant to the particular circumstances of the grandparent and children.
Grandparents even have the right to have visitation with grandchildren in certain circumstances if the parental rights of the parent have been terminated. The grandparent will generally need to petition for visitation rights prior to the parental rights of the parent(s) being terminated.
It is up to you to both file the court paperwork and to make a strong case for why you deserve visitation if you are not being allowed to see grandchildren. Pintar Albiston LLP is here to help you to take the appropriate legal steps and to make a strong case for why seeing the children is in their best interests. Give us a call today to schedule a consultation and learn more.