Saturday, December 7, 2013

Do Grandparents have Child Visitation Rights

What Visitation Rights Do Grandparents Have

What situations may arise that could result in grandparents needing to seek visitation rights?
  • Perhaps a child's parents lived together but were never married. Now the parents have split up and the parent with custody is restricting access to the grandchild.
  • What if the child of the grandparents has died and the grandchild's living parent is restricting access?
  • Even if the rights of a parent have been relinquished or taken away, the grandparents may be entitled to visitation rights.

If your rights as a grandparent are being denied or severely restricted, what can you do?

Here is some important information on Nevada grandparents visitation rights.

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A grandparent can only be restricted from visitation if it is deemed to be in the best interests of the child. Thus, grandparents have the opportunity to rebut any such claim, and thus regain visitation privileges. What factors will be considered under Nevada state law?

If a child has never met a grandparent, that is one thing, but if an emotion bond exists, the case can be made that it is in the best interests of the child to allow that bond to continue. This is especially true if the child has ever lived with the grandparents or even spent time with them on holidays. Also, loving grandparents who can make good role models for a grandchild will be given special consideration. They need to be fit company for the child morally, and also need the necessary physical and mental health to properly care for the grandchild. Are the grandparents willing and able to provide for the material needs of their grandchild during visitation? This too is a necessity, and would include taking care of any health needs that the child has. Finally, the grandparents should be encouraging a good relationship between the child and its parent, rather than trying to drive a wedge between them.

Basically, these are the same rights and restrictions that any parent would have. They even apply to great-grandparents as long as a relationship has been formed that creates an emotional bond. What if the child is up for adoption? Before parental rights have been relinquished, be sure to request visitation rights. Then these same laws should apply.

Remember that there must be significant restrictions being placed on visitation for the courts to hear a case. If occasional visits are allowed, the court will likely respect the parent's right to determine the appropriate amount of visitation time. Also, if a child is old enough, they may be asked if they have a preference in the matter.

Don't hesitate to call James M. Davis Law Office if you feel your rights as a Grandparent are being denied.