Tag: las vegas child custody attorneys

Family comes in many forms. Many people consider their “immediate family” to include more than just the traditional “nuclear” structure and may involve cousins, aunts, uncles, and grandparents. In many families, grandparents are just as involved in the upbringing of grandchildren as are the children’s direct parents. What happens if there is a conflict between a child’s parents and grandparents? Do grandparents have any custodial or visitation rights of their own, or do the wishes of the parents always control? In this article, we discuss the legal rights of grandparents under Nevada law.

Parents Can Deny Grandparents Visitation

Grandparents do not, by default, have the absolute right to visit their grandchildren. The law presumes that parents know what is best for their children, including with whom the children will interact. If a parent or parents decide that any particular grandparent should not be allowed to visit their children, then the parents can prevent any such visitation.

Grandparents Can Petition for Visitation

While grandparents are not guaranteed the right to visit their grandchildren, they do have the right to request visitation. Nevada Law explicitly provides that grandparents can obtain a “reasonable right” to visit a child under the following circumstances:

• A parent of the child is deceased;
• A parent of the child is divorced or separated from the parent with legal custody;
• Has never been legally married to the other parent of the child, but cohabited with the other parent and is deceased or separated from the parent; or
• A parent of the child has relinquished their parental rights or have had their parental rights legally terminated.

To obtain visitation rights, when the child’s parent(s) are denying visitation, the grandparent must:

• File a petition with the family courts;
• Demonstrate that a parent of the child “has denied or unreasonably restricted visits with the child”; and
• Overcome the presumption that the child’s parents know best and it is in the child’s best interests to grant the grandparent’s right to visit.

The burden to prove that it’s in the child’s best interest for grandparent visitation is on the petitioner(s). Nevada Law presumes that when a parent denies visitation to a grandparent, that denial is in the child’s best interest. A grandparent can overcome that presumption by providing clear and convincing evidence that grandparent visitation is in the child’s best interest. Clear and convincing evidence is a concept that varies from judge to judge. Any grandparent seeking to get court ordered visitation with their grandchildren should have the legal counsel and representation of an experienced Las Vegas divorce attorney.

Weighing the Child’s Best Interest

Under Nevada Law NRS 125C.0035 covers aspects of what is in the best interest of the child. Again, this is a subjective general set of guidelines and can be interpreted differently depending on the judge in the case. When a grandparent petitions for visitation over the objection of the child’s parents or legal custodian, the grandparent must demonstrate that visitation is in the child’s best interest. The court will look at a variety of factors to weigh the child’s best interest, including the following:

• Love, affection, and ties between the child and the grandparent;
• The mental, physical, emotional, and moral fitness of the grandparent;
• The willingness and ability of the grandparent to encourage and foster a relationship between the child and the child’s parents and other relatives;
• The reasonable preference and age of the grandchild;
• Additional factors, including whatever else the court (judge) deems relevant.

 Help With Grandparents Rights in Las Vegas

If you have a child custody dispute with an ex-spouse, co-parent, or concerning the rights of grandparents, reach out to a Las Vegas child custody attorney to discuss your options and your rights. Our divorce attorneys have the dedication and experience to assist you with any issue. Call 702-222-4021 to speak directly with one of them.

Typically, the parentage of children to a marriage is clear: The married parties are the legal parents of the children. If, however, there is a question as to the identity of the biological father, or if the children are from a previous relationship, then issues of paternity might arise. In a divorce, it is important for all parties to know and establish their legal status with regards to any children. If the husband’s paternity is unknown or unclear, there could be legal consequences for the paternity issues in a Las Vegas divorce.

Paternity Must be Established

Paternity refers to the legal relationship between a father and a child. In Nevada, if a child is born during a marriage, the husband is presumed to be the father. An interested party can legally challenge that presumption, such as the mother, the putative father, or another person claiming to be the father.

If a child is born outside of marriage, then paternity must be established either through voluntary acknowledgment by both parents or via court order. A voluntary acknowledgment of parentage must be notarized or witnessed, signed by both parents, and filed with the Office of Vital Records.

If paternity is challenged, typically, the matter will be resolved through the use of genetic testing.  An alleged father can voluntarily submit to DNA testing, or a court can order genetic testing as part of a divorce proceeding where parentage is contested. Paternity can be established at any time after a child is born until the child reaches the age of 21.

Child Custody Issues

Usually, only legal parents can seek custody of a child. But, non-parents such as grandparents may apply for guardianship in extreme circumstances. In a divorce between a biological parent and a non-biological parent, the biological parent is almost certainly going to win custody. Until a legal declaration of parentage or adoption, or a ruling that the biological parent is legally unfit for child custody, visitation is likely the best a non-biological parent can hope for.

Child Support Factors

Nevada law guarantees children financial support. If one parent has primary physical custody, the non-custodial parent is likely to owe some amount of child support based on a variety of factors. These can include the amount of time each parent spends with the child, the respective incomes of each parent, and the needs of the child.

The child support requirement, however, applies only to legal parents. Step-parents are generally not required to pay child support, even if the party was married for a long time. The step-parent may owe alimony to their ex-spouse after a divorce, but they likely will not be ordered to pay child support unless they agree to do so.

Adoption Legal Rights

It is important to recognize that adoption creates a permanent legal bond between a parent and a child. If a step-parent adopts a child, divorcing the child’s other parent will not sever that relationship. The adoptive parent will have the right to seek custody, may owe child support, and will otherwise have all the rights and obligations of a legal parent.

Dedicated Las Vegas Divorce Attorney

Our knowledgeable Las Vegas child custody attorneys can help you deal with any paternity, custody, or other parentage questions in your Las Vegas divorce matter.  Our expert divorce lawyers have years of experience handling all manner of marital law issues. We stand ready to help you defend your rights and protect your family. Our legal team is prepared to handle even the most complex and sensitive divorce issues. Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Child custody disputes are often emotionally-charged and complex. When one or both parents maintain a residence outside the United States or are considering relocating to a foreign jurisdiction, many additional complications are likely to arise. Below, our seasoned Las Vegas child custody attorneys address some of the issues to consider in international child custody disputes.

Do the Nevada Courts Have Jurisdiction?

Courts will only resolve disputes if it has jurisdiction over the case. This is true regardless of whether the child custody dispute arises as part of a divorce or separately. A Nevada court has jurisdiction over a custody dispute if the child has resided in Nevada for at least the past six months. If the child has not been residing in Nevada for six months, Nevada courts generally lack jurisdiction to resolve the matter, and the case must be filed elsewhere.

Deciding Custody in an International Divorce

When the parents reside in different countries, it is typically impractical for the child to share equal time with both parents. The parents or the court will have to decide with whom the child will primarily reside, meaning which country. Assuming the parties cannot agree, the court will conduct an analysis based on the “best interests of the child.” The analysis will include factors such as:

• The child’s connection to the foreign locale
• Their language skills
• The financial means of both parents
• The flexibility in the schedules of both parents and the ability to relocate
• The degree to which the co-parents can amicably agree on a co-parenting agreement
• Whether or not the foreign country is a party to the Hague Convention

Building an International Parenting Plan

Ultimately, the court or the parents will need to determine the child’s primary residence, meaning where the child will go to school, spend the majority of their time, and generally call home. The court will ultimately decide where the child will reside and how much parenting time each parent will be granted. The parties and the court must work together to set out a parenting plan addressing issues including:

• Maintaining regular communication between the child and both parents
• Determining who pays for travel for the parents and the children
• The custodial parent’s responsibilities for keeping the noncustodial parent involved in key child rearing decisions and the child’s day-to-day life

Relocating Children to a Foreign Country

A final divorce decree may not be the final word on the matter. Months or years after a divorce, one parent may choose to move to another country, which can create complications when the couple shares children. Assuming the co-parents do not agree, the moving party will need to obtain permission from the court before relocating the children to a foreign country. As with other relocation requests, the court will consider:

• Whether the request is made in good faith and the move is for a good faith reason
• Whether the move is in the child’s best interests and will improve the quality of life for the child and parent
• Whether there is a realistic visitation schedule proposed by the moving parent and whether the moving parent is likely to comply with required visitation
• Other factors relating to the child’s best interests

Get Help with an International Child Custody Dispute

Our seasoned attorneys are prepared to help you resolve all issues concerning an international child custody dispute. Whether you are currently divorcing, dealing with the fallout from a prior divorce, or facing child custody issues standalone, our Nevada child custody legal team is here to help. We will explain to you what we offer our clients. Then you can decide if a consultation is right for you. Call our office at 702-460-8005 to personally speak with one of them.