Can Grandparents Get Custody of Grandchildren in Nevada?

When parents struggle to care for a child, a grandparent who provides care for the child may wonder whether they can get legal custody of the grandchild. While Nevada state law does allow a court to award custody of a child to a grandparent, the laws are complex and can make it difficult to convince a court to award custody to anyone other than a biological parent. Getting assistance from an experienced child custody attorney is an essential first step for a grandparent interested in obtaining custody of a grandchild.

Grandparent Petition for Custody of a Grandchild

Under Nevada statutes, a grandparent may petition the court to obtain custody of a grandchild. Generally, a judge only grants custody to a grandparent if awarding custody to either parent is not the child’s best interest, which is the legal standard applied by the courts in deciding court cases involving children. Every court’s first preference is to have a child in the custody of one or both parents, so a grandparent must present solid evidence to demonstrate why the grandparent should have custody and the parents should not.

In making the best interest determination, the judge takes into account many factors. Awarding custody to a grandchild occurs in limited situations, such as when both parents are deceased or unfit to provide safe and adequate care, or there is another valid reason to award custody to someone other than a parent.

Demonstrating to the court through factual evidence that grandparent custody is in the child’s best interest requires investigating the circumstances, gathering documents, and collecting other evidence to provide details about why the parents cannot care for the child. An experienced child custody lawyer knows how to prepare a custody case to provide the best chance of convincing a judge that a grandparent should be awarded custody.

Process for Petitioning for Custody

The court process starts with the grandparent filing a formal petition for custody in family court. The petition provides details about why awarding custody to the grandparent is in the child’s best interest and other reasons that the court should award custody.

The grandparent may file a motion to obtain temporary custody, which the judge will hear and decide in an initial hearing. The court may also issue requirements regarding parental visitation, child support, and other matters. A trial date is established, following which the court decides the custody issues if there is no settlement.

The trial is a formal hearing before the judge, at which the grandparent and parents may present evidence to support their respective positions in the case. A grandparent petitioning for custody must provide the judge with evidence proving that the child is living in a harmful environment or that leaving the child with a parent is otherwise detrimental to the child. The evidence may include proof of neglect, abuse, or other factors that make the parents unsuitable or unfit to care for the child. The judge may consider the child’s wishes if the child is old enough to express a preference.

The court also considers other factors, such as the emotional bond of the child with the parents and grandparents, their respective ability to care for the child and meet their physical and emotional needs, and the safety of the child. The judge takes into account a wide variety of factors, which may vary considerably depending on the circumstances in the specific case.

After gathering and reviewing all available evidence, the judge makes a determination on whether to grant custody to the grandparent, based on what is in the child’s best interest in light of the evidence overall.

Importance of Legal Representation

A grandparent wishing to explore the possibility of petitioning for custody should talk with an experienced child custody lawyer before taking any action. Because of the complexity of custody issues, legal representation is crucial in every custody case, including a grandparent petition for custody of a grandchild.

Nevada has numerous complicated laws and procedures that apply in a custody case. If a grandparent attempts to represent themselves without the benefit of legal advice, mistakes may occur that can affect the outcome of the case. Getting help from a knowledgeable lawyer ensures that the case will start and proceed on solid legal footing. Your lawyer can explain your options for proceeding and guide you in choosing the best alternative for your circumstances.

Las Vegas family law attorney Joseph Gersten assists clients with all types of domestic and family matters, including grandparent rights, such as custody, visitation, guardianship, and other concerns.

Your initial consultation is always free-of-charge.

Free Consultation with a Las Vegas Child Custody Attorney

The Gersten Law Firm serves clients throughout Clark County. Call 702.857.8777 or complete our online form to schedule an appointment.