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bamma
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Bamma Needs Help
      #283083 - 08/30/07 03:03 PM

Hi all, I am new to this form and I am hoping someone can point me in the right direction. I am trying to establish legal visitation with my grandchildren whom I have basically raised. Their father is not being very cooperative. I am trying to do this on my own without the expense of a lawyer but the maze of forms has me confused. Does anyone know which package I need to use. I am in Clark County Nevada. Any help would be appreciated.

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googledad
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Re: Bamma Needs Help [Re: bamma]
      #283132 - 08/30/07 03:56 PM

Are the parents separated or divorced ?

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bamma
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Re: Bamma Needs Help [Re: googledad]
      #283195 - 08/30/07 05:46 PM

The parents were never married. My daughter is mentally ill. I have raised the children since birth and their father has after five years received custody. I did not fight him I thought he should step up to the plate and take care of his children. In fact I helped him. At first he was very flexible now he is not allowing me to see them or talk to them.

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googledad
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Re: Bamma Needs Help [Re: bamma]
      #283878 - 08/31/07 07:32 PM

http://www.co.clark.nv.us/District_court/self_help_center_index.htm

You can also try the Self Help Center , it's located on the first floor of the Family Court at 601 North Pecos in Las Vegas, Nevada. The Center is open Monday - Thursday, 8:30 a.m. to 5:00 p.m. and on Friday from 8:30 am. to 4:30 p.m., excluding holidays. You must arrive fifteen minutes prior to closing in order to obtain assistance . The phone number is (702)455-1500 .

The Self Help Center employees can't give legal advice but should be able to tell you which form is appropriate .

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MTmom
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Re: Bamma Needs Help [Re: googledad]
      #285063 - 09/04/07 11:05 AM

Is the father a fit parent? Does he meet all the kdis needs?

If so WHY doesn't he want you to have visitation with the children?

The supreme court, and many state courts have repeatedly held that it is a FIT parents right to determine who their children have contact with and when.

I think you should start by asking WHY he is refusing you visitation to begin with.


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googledad
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Re: Bamma Needs Help [Re: MTmom]
      #285139 - 09/04/07 01:02 PM

Is the father a fit parent? Does he meet all the kdis needs?


>>>>>>>>>> She did raise the kids for a number of years . It may be in the children's " best interest " to continue a relationship with her as their mother is institutionalized .

If so WHY doesn't he want you to have visitation with the children?

>>>>>>>>>> Doesn't really matter .

The supreme court, and many state courts have repeatedly held that it is a FIT parents right to determine who their children have contact with and when.


>>>>>>>>>>> Incorrect , fit married couples can determine who has contact with their children . In the event of divorce , nonmarried couples & loss of parental rights , courts CAN determine who receives visitation .

I think you should start by asking WHY he is refusing you visitation to begin with.

>>>>>>>>>>>>> Who cares , the children's best interest is more important .

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MTmom
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Re: Bamma Needs Help [Re: googledad]
      #285190 - 09/04/07 01:48 PM

It depends on the state whether the distinction between fit parent and fit "married" parent is drawn.

9 state supreme courts have held since 2004 that the distinction is irrelevant, and a parent must first be proven unfit before their decision can be overridden.

In MT, the legislature passed a new grandparents visitation statute that takes effect on October 1, 07 that goes so far as to say that the wishes of a fit "custodial" parent with regards to grandparent visitation cannot be overridden until that parent is proven unfit, and then only if the grandparent proves that not having visitation is harmful to the child.

But regardless, in most cases of grandparent visitation litigation the first step to gaining visitation is to determine WHY the parent objects to the visitation and what if anything can be done to overcome that objection outside of a court room.

Litigation between parents and grandparents tears families apart, and is traumatic for most all parties involved .. why not try to avoid that all together by first discussing the parents concerns like adults?


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googledad
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Re: Bamma Needs Help [Re: MTmom]
      #285209 - 09/04/07 02:36 PM

[quote]It depends on the state whether the distinction between fit parent and fit "married" parent is drawn.
9 state supreme courts have held since 2004 that the distinction is irrelevant, and a parent must first be proven unfit before their decision can be overridden.

>>>>>>>>>>>> That leaves 41 others . special circumstances can also negate any concerns that a CP has , such as children living with a relative for an extended period .

In MT, the legislature passed a new grandparents visitation statute that takes effect on October 1, 07 that goes so far as to say that the wishes of a fit "custodial" parent with regards to grandparent visitation cannot be overridden until that parent is proven unfit, and then only if the grandparent proves that not having visitation is harmful to the child.

>>>>>>>>>>>>>>>> OP lives in Nevada , not Montana .

But regardless, in most cases of grandparent visitation litigation the first step to gaining visitation is to determine WHY the parent objects to the visitation and what if anything can be done to overcome that objection outside of a court room.

>>>>>>>>>>>>>> Custodial parents deny visitation all the time , most times for less than rational reasons .

Litigation between parents and grandparents tears families apart, and is traumatic for most all parties involved .. why not try to avoid that all together by first discussing the parents concerns like adults?

>>>>>>>>>>>>>>> Not everyone is rational enough . OP nevver stated this hasn't happened , why assume ?

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googledad
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Re: Bamma Needs Help [Re: MTmom]
      #285214 - 09/04/07 02:42 PM

From the Nevada Revised Stautes :
NRS 125C.050 Petition for right of visitation for certain relatives and other persons.

1. Except as otherwise provided in this section, if a parent of an unmarried minor child:

(a) Is deceased;

(b) Is divorced or separated from the parent who has custody of the child;

(c) Has never been legally married to the other parent of the child, but cohabitated with the other parent and is deceased or is separated from the other parent; or

(d) Has relinquished his parental rights or his parental rights have been terminated,

Ę the district court in the county in which the child resides may grant to the great-grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority.

2. If the child has resided with a person with whom he has established a meaningful relationship, the district court in the county in which the child resides also may grant to that person a reasonable right to visit the child during his minority, regardless of whether the person is related to the child.

3. A party may seek a reasonable right to visit the child during his minority pursuant to subsection 1 or 2 only if a parent of the child has denied or unreasonably restricted visits with the child.

4. If a parent of the child has denied or unreasonably restricted visits with the child, there is a rebuttable presumption that the granting of a right to visitation to a party seeking visitation is not in the best interests of the child. To rebut this presumption, the party seeking visitation must prove by clear and convincing evidence that it is in the best interests of the child to grant visitation.

5. The court may grant a party seeking visitation pursuant to subsection 1 or 2 a reasonable right to visit the child during his minority only if the court finds that the party seeking visitation has rebutted the presumption established in subsection 4.

6. In determining whether the party seeking visitation has rebutted the presumption established in subsection 4, the court shall consider:

(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.

7. If the parental rights of either or both natural parents of a child are relinquished or terminated, and the child is placed in the custody of a public agency or a private agency licensed to place children in homes, the district court in the county in which the child resides may grant to the great-grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority if a petition therefor is filed with the court before the date on which the parental rights are relinquished or terminated. In determining whether to grant this right to a party seeking visitation, the court must find, by a preponderance of the evidence, that the visits would be in the best interests of the child in light of the considerations set forth in paragraphs (a) to (i), inclusive, of subsection 6.

8. Rights to visit a child may be granted:

(a) In a divorce decree;

(b) In an order of separate maintenance; or

(c) Upon a petition filed by an eligible person:

(1) After a divorce or separation or after the death of a parent, or upon the relinquishment or termination of a parental right;

(2) If the parents of the child were not legally married and were cohabitating, after the death of a parent or after the separation of the parents of the child; or

(3) If the petition is based on the provisions of subsection 2, after the eligible person ceases to reside with the child.

9. If a court terminates the parental rights of a parent who is divorced or separated, any rights previously granted pursuant to subsection 1 also must be terminated, unless the court finds, by a preponderance of the evidence, that visits by those persons would be in the best interests of the child.

10. For the purposes of this section, “separation” means:

(a) A legal separation or any other separation of a married couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming a marital relationship; or

(b) If a couple was not legally married but cohabitating, a separation of the couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming cohabitation or entering into a marital relationship.

(Added to NRS by 1979, 326; A 1985, 586; 1987, 1193; 1991, 1176; 1999, 726; 2001, 2712)

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tsl
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Re: Bamma Needs Help [Re: googledad]
      #285429 - 09/05/07 05:39 AM

While those are the laws pertaining to Nevada on GPV, case laws usually prevail state laws. Since Troxel went through, any fit parent has a right to raise their child as they deemed fit. Many factors can mitigate the cause.
It does matter WHY dad is refusing the contact (hence GM has the burden to prove the best interest side)she has to be prepared to refute when he claims.

According to Troxel, if the fit parent offers some type of visitation and the GPs just don't agree, that is a difference of opinion and supposedly not a run to court type of issue. (Example: she wants weekend overnights, he is offering all of Saturday once a month)

Also, another issue is how long ago did he gain custody and how long ago did he start deny her access? If he has been denying her for a year or longer, the Judge could view that as "why didn't you do it sooner if it was so important". That is where the meaningful contact comes in to play. Granted she had meaningful contact with the child since she raised the child the first 5 years of child's life. However, say (for sake of arguement) that dad was able to keep child and GM apart for over a year. During that year, she never tried to send birthday cards/presents, Christmas, etc. then it can be construed as she didn't attempt to maintain "meaningful contact" with child.

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