New question soc....

[jolawanda]

I know shock as it may be....

It's not about NJ and not about NV child support stuff......... smile

Obviously you know i live in NV...

How would I file for visitation for my 5 year old niece?

She lives in NV also

[socrateaser]

>I know shock as it may be....
>
>It's not about NJ and not about NV child support
>stuff......... smile
>
>Obviously you know i live in NV...
>
>How would I file for visitation for my 5 year old niece?
>
>She lives in NV also

Well, at least you're still smilin'!

You would need to file a petition with the NV county court where the child resides, stating facts showing that (1) you have an established and positive family relationship with the child, (2) that the child's parent(s) is/are frustrating your maintenance of that relationship, and (3) that the child will suffer harm if you are not permitted to maintain the relationship.

Then, you need to serve the parent(s) as respondents, and the court will wait for their response, and assuming that you have stated sufficient facts, it will hold a trial on the issues. You can also file a motion for temporary orders based on the petition, granting you access, prior to trial. In this case, the motion would be based on essentially the same facts as would appear at trial, so if you won the motion, you would probably win the trial, and visa versa, assuming that your proof is credible.

This is a pretty difficult burden to meet, even though you only need prove your case by a preponderance of evidence (more likely than not), unless your relationship with the child is actually parent-child in nature. The court will presume that the custodial parent(s) act(s) in the child's best interests, and you will need to prove that this is not the case in this circumstance.

Because of the U.S. Supreme Court case of Troxel v. Granville, State courts lean heavily in favor of the presumption that the parent is right to restrict third party access. And, even though you are a blood relative, you're still a third party, unless you're a parent or legally appointed gaurdian.

[jolawanda]

this may not be all that difficult for me, however, if one moment it becomes a stress for mackenzie, i am out of it for her sake.......been watching mac since she was in papoose wrappings in her first days of life........

thanks again soc.............huge amount of info!

It becomes laughable w/ the ridiculous demands from NJ doesn't it? What else can we do? LOLOLOLOLOL


I WON the great guy though so, the xfamily looses.....

hmmmm
green backs vs. committment and love? hmmmmmm? LOLOLOL