Visitation for Non-Parents
Visitation for Non-Parents
Before you begin:
- Is this page for me? This page is for non-parents who want to file for court-ordered visitation with minor children, and also for parents who want to oppose such a request. It is not for parents seeking visitation of their own children.
- Who can ask for visitation? Only certain people can ask for visitation:
- The child's grandparents or great-grandparents.
- The child's brothers and sisters.
- Someone who has lived with the child and established a meaningful relationship with the child.
- What about the parents? A judge can only consider a request for visitation if the parents of the child are divorced, separated, deceased, or if parental rights are about to be terminated. If the parents are married to one another and denying visitation, the court will not get involved.
- Can the parents prevent or restrict visitation? Generally, yes. If a parent is denying visitation with a child, there is a legal presumption that visitation is NOT be in the best interest of the child. Also, if visitation is being allowed, just not on the schedule that you would like, a court is not likely to get involved.
- What laws apply? To get court-ordered visitation, the non-parent must show by show that the parents have denied or unreasonably restricted visitation, and must also show by clear and convincing evidence that it is in the best interest to have visitation. This is a very high standard. The factors that a judge will consider are found in NRS 125C.050(6), and include things like:
- The love, affection, and emotional ties between the child and the person seeking visitation.
- The prior relationship between the child and the person seeking visitation.
- The moral fitness, mental health, and physical health of the person seeking visitation.
- The child's wishes, if the child is mature enough to express a preference.
- Whether the person seeking visitation will encourage a close relationship between the child and the parents.
- Any financial support contributed by the persons seeking visitation.
- The ability of the person seeking visitation to provide love, support, food, clothing, and medical care during visitation.
If you are seeking court-ordered visitation, you are encouraged to speak with an attorney first to find out your odds of succeeding. Please visit Lawyers and Legal Help to find out where you may be able to locate an attorney.
Click on the links below to learn more about:
To open a non-parent visitation case, download and fill out the forms in the packet below. The forms will open a case and set a hearing.
Follow all of the included instructions regarding how to file and how to serve the papers on the parents after filing.
If CPS is involved with the children and the children are wards of the state (meaning, there is a court case pending through CPS), then the Department of Family Services must be named as a Respondent as well. All of the papers filed will have to be served on the Department of Family Services so they can take part in the visitation case.
If you are a parent who was served with a Petition for Non-Parent Visitation and a Motion for Non-Parent Visitation, you must file a response with the court if you disagree with anything the Petitioners are asking for. If you do not, the Petitioners may be granted everything they requested. You usually only have 21 days after being served to file your response!
If you disagree with the Petitioners' request, download and fill out the packet below to file your response.
Follow all of the included instructions regarding how to file and how to serve the papers on the petitioners after filing.
The Petitioners and parents will attend court on the date set on the motion (most hearings take place by video). At the hearing, the judge may refer the parties to mediation to try and work out an agreement, may set the matter for trial, or may dismiss the case entirely if there was no basis to file it. The judge is not required to grant visitation at this hearing; visitation may not be ordered until the parties reach an agreement or Petitioners have proved their case at trial.
If the parties are referred to mediation, you can learn more about the mediation process by visiting the Family Mediation Center page. If your case is set for trial, you can learn about the procedures you will need to know by visiting the Trial page (the page is designed to give information about divorce trials, but the procedures and things you need to know are the same).