"My wish is that children be treated as people, and not as property; that their rights as human beings on the planet, to food, shelter, education, and health, be taken seriously."
"He who can reach a child's heart can reach the world's heart."
"Somehow destiny comes into play. These children end up with you and you end up with them. It's something quite magical."
As quoted from the book "Adoption Is Another Word for Love"
The emotional ties that bind a child to his/her grandparents are strong. It may be difficult to imagine a situation in which you were no longer allowed the right to visit your grandchild.
If this happens to you, it is important to know what rights you retain and what rights you can petition the court for as the child's biological or nonbiological grandparent. It is even more vital to know what rights one has in the event that a grandchild's parents have denied or unreasonably restricted the visitation and/or contact privileges of the grandparent(s). The statute that directly refers to these grandparent rights, NRS 125C.050, allows us to provide legal advice in instances in which a parent of an unmarried minor child:
- is deceased;
- is divorced or separated from the parent who has custody of the child;
- has never been legally married to the other parent of the child, but cohabitated with the other parent and is deceased or is separated from the other parent; or
- has relinquished his or her parental rights or his or her parental rights have been terminated.
Your circumstances may or may not follow these instances listed above. You will need to seek legal advice to determine what rights you have for your circumstances. Often, grandparent rights are limited and take experience to navigate the system. Our Reno, Nevada Family Law firm can help you.
In assessing your rights, we may evaluate, amongst other relevant law, Nevada Revised Statue (NRS 125C.050), which is the statute that gives the right to petition for visitation by certian relatives and other persons, pursuant to NRS 125C.050, there are specific factors that the court shall consider to give a person a right to visitation of their grandchildren. These considerations are enumerated as follows:
- Give the child love, affection, and guidance, and serve as a role model to the child;
- Cooperate in providing the child with food, clothing, and other material needs during visitation; and
- Cooperate in providing the child with health care or alternative care recognized and permitted under the laws of this State in lieu of health care;
- The prior relationship between the child and the party seeking visitation, including without limitation, whether the child resided with the party seeking visitation and whether the child was included in holidays and family gatherings with the party seeking visitation;
- The moral fitness of the party seeking visitation;
- The mental and physical health of the party seeking visitation;
- The reasonable preference of the child, if the child has a preference, and if the child is determined to be of sufficient maturity to express a preference;
- The willingness and ability of the party seeking visitation to facillitate and encourage a close and continuing relationship between the child and the parent or parents of the child as well as with other relatives of the child;
- The medical and other needs of the child related to health as affected by the visitation;
- The support provided by the party seeking visitation, including, without limitation, whether the party has contributed to the financial support of the child;
- Any other factor arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation against the wishes of a parent of the child.
With those factors enumerated, your case and your circumstances are what matters most and what we are most concerned with. Without knowing your specific case it is difficult to provide accurate and tailored legal advice. In negotiating your rights as a grandparent, you need the strongest representation to give your grandchildren the most nurturing and best living situation possible. We are motivated to sit down with you to discuss how your specific case applies to Nevada law. If your visitation rights were ever jeopardized, you would want the best and most experienced legal advice you could get. You will find that here at Surratt Law Practice. Call (775) 636-8200 to speak with an attorney today about your case.