Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.
For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.
And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.
In Nevada, like in many states, the presumption is that the best interests of the child are served when they are in the custody of their parents. However, under certain circumstances, grandparents may be awarded custody. Nevada law allows grandparents to seek custody if it is determined that both parents are unfit, which could include situations where the parents are deceased, or if one parent is deceased and the other is incarcerated. Grandparent visitation rights in Nevada are also recognized, particularly in cases where the parents are divorced, separated, or deceased. The court will consider several factors to determine if granting visitation to grandparents is in the best interest of the child, including the prior relationship between the grandparent and the child, the child's wishes, and the mental and physical health of the grandparent. It's important to note that these matters are complex and the specific circumstances of each case will greatly influence the court's decision.