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Legal Information: Nevada

Custody

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Updated: 
July 14, 2020

I am the child's grandparent, sibling or person with whom the child lived. Can I get visitation?

A judge may grant visitation rights to:

  • a child’s grandparents;
  • a child’s great-grandparents;
  • a child’s siblings (including half-siblings and step-siblings); and/or
  • any person with whom the child lived if they established “meaningful relationship.”1

However, it can only be granted to one of those people under the following circumstances:

  1. a parent of the child has denied or unreasonably restricted your visitation with the child; and
  2. the child’s parent:
    • has died;
    • is divorced or separated from the parent who has custody of the child;
    • was never married to the other parent but lived together with that parent and is now dead or separated from the other parent; or
    • no longer has parental rights (because s/he gave them up them or a judge took them away).2

Note: If the child’s parent already denied you visitation, the judge will assume that visitation is not in the best interest of the child but you will have the chance to present evidence to try to show the judge that it is in the best interest of the child to grant you visitation rights. The judge will consider the following factors when deciding whether or not to grant you visitation:

  • the love, affection, and emotional bonds between you and the child;
  • your ability to serve as a role model for the child;
  • whether or not you are able to provide the child with love, affection, guidance, food, clothing, shelter, and health care during visitation;
  • your morals and mental and physical health;
  • whether you will encourage a close relationship between the child and his/her parent(s) and other relatives;
  • any medical needs of the child that would be affected by the visitation;
  • the prior relationship between you and the child, including any support (financial or otherwise) that you gave to the child and if you lived together and/or spent holidays together with the child;
  • whether or not the child wants to visit with you (if the child is old enough to decide); and
  • any other factors specific to your situation.3

1 N.R.S. § 125C.050(1)-(2)
2 N.R.S. § 125C.050(1)-(3)
3 N.R.S. § 125C.050(4)-(6)