NevadaChild Visitation Laws
Nevada Child Custody Guide :: Table of Contents
What is child visitation?In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative.
In general, courts in Nevada assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.
Visitation by grandparents, family members, or other third-parties is less clear cut in Nevada, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.
Above all else, courts in Nevada strive to make custody and visitation decisions that are "in the best interests of the child". The court handling each individual visitation case has significant flexibility in determining what arrangement is in the child's best interests. You can read about Nevada's visitation guildelines on this page.
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The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."
What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision, these factors include the wishes of the child, the level of conflict between the parents, the relationship between the child and parent, any history of abuse or neglect and the child's development.
A court may award visitation rights for a child's grandparent if the child's parents are deceased, the child's parents are divorced or separated, or one of the child's parents have had his or her parental rights terminated or the child's parent or parents must have unreasonably restricted visitation with the child's grandparent.
In the state of Nevada, there are a number of laws regarding child visitation regarding visitation for third-parties other than the biological parents of the child. While state laws regarding third-party visitation have been frequently been challenged in courts, they are a good indication of Nevada's positions regarding non-parental visitation rights.
Visitation Rights Of Grandparents In Nevada:
Nevada has special statutes regarding the child visitiation rights of grandparents under different circumstances. State law does not provide for general visitation rights of grandparents, but visitation rights may be presumed under certain parental situations.
Regardless of state presumptions regarding grandparent's visitation rights under specific circumstances, a Nevada court may allow or prevent visitation rights in any situation based on the best interests of the child.
Visitation Rights Of Other Parties In Nevada:
Are step-parents granted visitation rights in the state of Nevada?
Generally it is an uphill battle for step-parents seeking visitation rights for a step-child, especially if the biological parents of the child are alive and are opposed to the visitation.
The state of Nevada does not have any laws that grant child visitation rights to step-parents, which may make applying for visitation significantly harder. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.
Can other interested parties or relatives be granted visitation rights to a child in Nevada?
Under state of Nevada law, it may be possible for other individuals to be granted visitation rights by the court. This might include relatives other than the child'a parents, previous caregivers, etc.
Can parents be granted visitation rights after termination of parental rights or adoption in Nevada?
In the state of Nevada it is possible to be granted visitation rights after termination of parental rights or giving up a child for adoption. This is the case with both biological parents and previous guardians.