Grandparent Visitation Petition

PETITION FOR GRANDPARENT VISITATION

(Nevada — NRS 125C.050)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under NRS 125C.050, which authorizes the district court in the county in which the child resides to grant a reasonable right of visitation to grandparents and certain other persons during the child's minority.

2.2 UCCJEA home state. Nevada is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, NRS Chapter 125A, because:

☐ The child has lived in Nevada with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Nevada was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child resides in this county. NRS 125C.050(1).

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — STATUTORY TRIGGER AND DENIAL REQUIREMENT

3.1 Statutory trigger — NRS 125C.050(1). Petitioner has standing because at least one of the following circumstances applies to a parent of the unmarried minor child (check all that apply):

☐ (1)(a) A parent of the child is deceased.

☐ (1)(b) A parent is divorced or separated from the parent who has custody of the child.

☐ (1)(c) A parent was never legally married to the other parent but cohabitated with the other parent and is now deceased or separated from the other parent.

☐ (1)(d) A parent has relinquished his or her parental rights, or those rights have been terminated.

☐ (2) [Alternative basis] The child has resided with Petitioner, with whom the child has established a meaningful relationship.

3.2 Denial / unreasonable restriction — NRS 125C.050(3). A parent of the child has denied or unreasonably restricted visits between Petitioner and the child, as follows:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Circumstances leading to this Petition. [____________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000); Rennels v. Rennels, 127 Nev. 564, 257 P.3d 396 (2011).

5.2 Rebuttable presumption — NRS 125C.050(4). Petitioner acknowledges that, because a parent has denied or unreasonably restricted visits, there is a rebuttable presumption that granting Petitioner a right to visitation is not in the best interests of the child.

5.3 Burden of proof — NRS 125C.050(4)–(5). To rebut the presumption, Petitioner must prove by clear and convincing evidence that it is in the best interests of the child to grant visitation. The Court may grant visitation only if it finds Petitioner has rebutted the presumption.

VI. BEST-INTEREST FACTORS — NRS 125C.050(6)

6.1 Petitioner alleges, and is prepared to prove by clear and convincing evidence, facts supporting each of the statutory factors:

☐ (6)(a) The love, affection, and other emotional ties existing between Petitioner and the child: [____________]

☐ (6)(b) Petitioner's capacity and disposition to (1) give the child love, affection, and guidance and serve as a role model; (2) cooperate in providing food, clothing, and other material needs during visitation; and (3) cooperate in providing health care or lawful alternative care: [____________]

☐ (6)(c) The prior relationship between the child and Petitioner, including whether the child resided with Petitioner and was included in holidays and family gatherings: [____________]

☐ (6)(d) The moral fitness of Petitioner: [____________]

☐ (6)(e) The mental and physical health of Petitioner: [____________]

☐ (6)(f) The reasonable preference of the child, if the child is of sufficient maturity to express one: [____________]

☐ (6)(g) Petitioner's willingness and ability to facilitate and encourage a close and continuing relationship between the child and the child's parent(s) and other relatives: [____________]

☐ (6)(h) The medical and other health-related needs of the child as affected by visitation: [____________]

☐ (6)(i) The support provided by Petitioner, including financial support: [____________]

☐ (6)(j) Any other factor arising solely from the facts and circumstances of this dispute that pertains to the need for visitation against the parent's wishes: [____________]

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under NRS 125C.050(1) (or (2)) and that a parent has denied or unreasonably restricted visits under NRS 125C.050(3);

B. Find, by clear and convincing evidence, that Petitioner has rebutted the presumption in NRS 125C.050(4) and that visitation is in the best interests of the child;

C. Enter an order awarding Petitioner a reasonable right of visitation during the child's minority pursuant to the schedule in Section VII, defined with particularity as required by NRS 125C.010, or as the Court deems just;

D. Award costs of this action; and

E. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF NEVADA )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Nev. Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed against you. You are required to file a written response with the Clerk of this Court within the time allowed by the Nevada Rules of Civil Procedure after service of this Petition, and to serve a copy on Petitioner or Petitioner's attorney. If you fail to do so, the Court may enter judgment by default against you for the relief demanded in the Petition. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA declaration) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ service of process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• NRS 125C.050 — Petition for right of visitation for certain relatives and other persons: statutory triggers (subsec. 1); meaningful-relationship resident (subsec. 2); denial/unreasonable-restriction requirement (subsec. 3); rebuttable presumption (subsec. 4); requirement that the presumption be rebutted (subsec. 5); ten best-interest factors (subsec. 6).
• NRS 125C.010 — order awarding visitation must define rights with particularity and specify the child's habitual residence.
• Rennels v. Rennels, 127 Nev. 564, 257 P.3d 396 (2011) — Nevada Supreme Court; applies Troxel "special weight" and the clear-and-convincing rebuttal standard to third-party visitation.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.
• NRS Chapter 125A — UCCJEA; NRS 125A.385 (declaration).

This Petition is a preparation aid only. Nevada grandparent visitation requires a statutory trigger plus parental denial or unreasonable restriction, and the petitioner must rebut a presumption against visitation by clear and convincing evidence. Consult a licensed Nevada family law attorney before filing.