Visitation for Non-Parents

Questions bw Before you begin:

  • Is this page for me?  This page is for non-parents who want to file for court-ordered visitation with minor children, and also for parents who want to oppose such a request.  It is not for parents seeking visitation of their own children.  

  • Who can ask for visitation?  Only certain people can ask for visitation:   
    • The child's grandparents or great-grandparents.
    • The child's brothers and sisters.
    • Someone who has lived with the child and established a meaningful relationship with the child.

      A judge can only consider a request for visitation if the child's parents are divorced, separated, deceased, or if parental rights are about to be terminated.  If the parents are married to one another and denying visitation, the court will not get involved.
  • Can the parents prevent or restrict visitation?  Generally, yes.  If a parent is denying visitation with a child, there is a legal presumption that visitation is NOT be in the best interest of the child.  Also, if visitation is being allowed, just not on the schedule that you would like, a court is not likely to get involved.

  • What laws apply?  To get court-ordered visitation, the non-parent must show by show that the parents have denied or unreasonably restricted visitation, and must also show by clear and convincing evidence that it is in the best interest to have visitation.  This is a very high standard. The factors that a judge will consider are found in  NRS 125C.050(6), and include things like:
    • The love, affection, and emotional ties between the child and the person seeking visitation.
    • The prior relationship between the child and the person seeking visitation.
    • The moral fitness, mental health, and physical health of the person seeking visitation.
    • The child's wishes, if the child is mature enough to express a preference.
    • Whether the person seeking visitation will encourage a close relationship between the child and the parents.
    • Any financial support contributed by the persons seeking visitation.
    • The ability of the person seeking visitation to provide love, support, food, clothing, and medical care during visitation.

    If you are seeking court-ordered visitation, you are encouraged to speak with an attorney first to find out your odds of succeeding.  Visit Lawyers and Legal Help to find out where you may be able to locate an attorney.

Click on the links below to learn more about: 

Copy bw Filing for Non-Parent Visitation

Review bw Responding to a Petition for Non-Parent Visitation

Questions bw What Happens Next?

 

 

Copy bw Filing for Non-Parent Visitation

Complete the following documents to begin a case requesting visitation with a child.  You must name both parents as Respondents if they are both living.  

Cover Sheet (pdf fillable)

Summons (pdf fillable)

Petition to Establish Visitation (pdf fillable)

File these at the District Court.  There will be a fee, which varies by court.  If you cannot afford the fee, you can apply for a fee waiver.

Once filed, it is your responsibility to have the Respondents personally served with a copy of the Petition and the Summons.  A neutral person age 18 or older must hand-deliver the documents to each Respondent.  Whoever serves the documents must fill out a separate Affidavit of Service for each person served.  File this at the court. 

Affidavit of Service (pdf fillable)

 

Review bw Responding to a Petition for Non-Parent Visitation

If you are a parent who has been served with a petition to establish visitation for your child, you may fill out and file the following Answer to indicate what you agree and disagree with from the petition.  You only have 21 days to file your answer after the date you were served, or the court could grant the petitioners everything requested in the petition. 

Answer to Visitation Petition (pdf fillable)

File this at the same District Court where the Petition was filed.  There will be a fee, which varies by court.  If you cannot afford the fee, you can apply for a fee waiver.

After filing, you must mail a copy of the filed answer to the petitioners.  Fill out a certificate of mailing and file it with the court so the judge knows you served your answer. 

Certificate of Mailing (pdf fillable)

 

Questions bw What Happens Next?

Petioners may file a motion that provides more detail about what is being requested and why.  

Motion for Non-Parent Visitation (pdf fillable)

If Petitioners file a motion, Respondents may file an opposition explaining their side of the story as well. 

Opposition to Motion for Non-Parent Visitation (pdf fillable)

 

After filing a motion or an opposition, the filing party must send a copy of the filed document to the other party by mail. Fill out a certificate of mailing and file it with the court so the judge knows you served your document. 

Certificate of Mailing (pdf fillable)

Either party can then submit a Request for Submission when they believe the matter is ready for the judge to review the filings and make a decision: 

Request for Submission (pdf fillable)

About This Website

This website is intended to provide general information, forms, and resources for people who are representing themselves in Nevada's courts without a lawyer. There may be additional information you need to know depending on where your case is being handled. If you will be representing yourself in Clark County or Washoe County, you should visit those self-help websites for specialized forms and instructions.