Question asked on Apr 10th, 2014

Q: My ex husband and I have joint legal and physical custody. I have our daughter 58% to his 42%. His parents want me to give up some of my time, so they can have visitation. Yet he allows them time. They have hinted at going to court for grandparent rights. Their son has joint custody. Can the judge take any of my time for them or do they get time from their son?

A: There is no explicit case on point, but on your facts, I think the statute would prevent them from invading your time.

NRS 125C.050 governs grandparent visitation cases; while it speaks in terms of “a parent” having denied visitation, it requires that visitation has been “denied or unreasonably restricted” as a basis for even ASKING for such visitation.  If they are getting contact during dad’s time, it would seem to me that they do not have a valid basis for complaint.  At least that is how the judges have ruled in the cases I am familiar with.

For the grandparent’s cases, statutes, etc., see the explanation, materials, and links posted on our Child Custody page:

If you need further assistance, of course, you should consult with a knowledgeable family law specialist.

Marshal S. Willick