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In limited circumstances, grandparents and non-parents, can seek an Order for visitation with minor children. NRS 125C.050 governs rights of people other than parents to seek visitation with children. The situations where a person other than a parent can seek visitation are very limited. First and foremost, there must be an existing relationship between the person seeking visitation and the children, and that relationship is more than just being “the grandparent” of the child.

If a person can establish a “meaningful relationship” with the child(ren), then following that there is a list of factors that the Court must consider when determining whether to grant visitation. Those factors are as follows:

(a) The love, affection and other emotional ties existing between the party seeking visitation and the child.

(b) The capacity and disposition of the party seeking visitation to:

  1. Give the child love, affection and guidance and serve as a role model to the child;
  2. Cooperate in providing the child with food, clothing and other material needs during visitation; and
  3. Cooperate in providing the child with health care or alternative care recognized and permitted under the laws of this State in lieu of health care.

(c) The prior relationship between the child and the party seeking visitation, including, without limitation, whether the child resided with the party seeking visitation and whether the child was included in holidays and family gatherings with the party seeking visitation.

(d) The moral fitness of the party seeking visitation.

(e) The mental and physical health of the party seeking visitation.

(f) The reasonable preference of the child, if the child has a preference, and if the child is determined to be of sufficient maturity to express a preference.

(g) The willingness and ability of the party seeking visitation to facilitate and encourage a close and continuing relationship between the child and the parent or parents of the child as well as with other relatives of the child.

(h) The medical and other needs of the child related to health as affected by the visitation.

(i) The support provided by the party seeking visitation, including, without limitation, whether the party has contributed to the financial support of the child.

(j) Any other factor arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation pursuant to subsection 1 or 2 against the wishes of a parent of the child.

To be clear, NRS 125C.050 is visitation, not custody. Visitation can be limited or expansive based upon the situation. There is nothing within the statutory scheme which dictates the amount of visitation that can be provided, the Court must do an analysis on a case by case basis.

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