Mar 20

Taking children on vacation outside the United States is something many parents want to do. This can be as simple as going on a cruise to travelling to another continent. Re entry into the United States requires either a passport or a passport card. So if you take a cruise you need to show a passport or a passport card to re enter the United States. The State Department has a great FAQ for passports. To apply for a passport a DS-11 Form must be filled out. If the applicant is a minor, the form must be signed by both parents. We have had some cases where one parent would either refuse to sign the application or stall on signing it. In these situations we have been able to help our clients either get a court order or have the other party sign the application. However, given the time required to get in front of a judge and then start the passport application process, the sooner this is started the better.

One reason parents give for not signing the application is a fear of the child not being returned to the United States. In many cases this is a valid fear and can be addressed by requiring the travelling parent to post a bond ensuring that they will return to the United States with the child. NRS 125D.150 sets for the procedure to get the appropriate court orders.

If you have any questions about getting a passport for your children or any other issue, please do not hesitate to contact me.

Grandparent Rights

Feb 21

What are Grandparent Rights? Grandparent rights are not labeled as such in the Nevada Revised Statutes. NRS 125C.050 sets forth the requirements and procedure for establishing the right of a non-parent, including grandparents, to have visitation with children.

The Nevada Court of Appeals, in Kahl v. Williams, No. 75049-COA recently dealt with this issue and provides an explanation for what they are and what conditions must be met to get them. In Khal the trial court denied the maternal aunt’s request for visitation with the child. The Court of Appeals reversed the denial and sent the case back to the trial court with instructions to make the proper finding of fact and conclusions of law. What should the trial court have considered?

In making any decision about children, the best interest of the children is always of greatest importance. The NRS 125C.050 sets forth the factors the trial court needs to look at in determining whether or not to allow for grandparent visitation. The person seeking visitation must prove that the child lived with them for a significant period of time and established a bond with them. The grandparent then has to show that the parent unreasonably denied the visitation. The “grandparent” must then show that it is in the child’s best interest to have visitation with the “grandparent”. The factors to be considered are at NRS 125C050(6). There are ten factors and the court must address each of these factors in its order and base its decision to grant or deny visitation based on its analysis of these factors. The trial court in Kahl didn’t do the required analysis and thus the case was remanded or sent back with instructions to do the proper analysis.

If you have any questions about this case or any other legal matter, please contact me at 725.222.3823 or email me at Yug@WarmSpringsLaw.Com