Link for opinion: http://scholar.google.com/scholar_case?case=4125385506054896638&q=child+visitation+for+grandparents&hl=en&as_sdt=4,29
The Supreme Court of Nevada held in Bopp v. Lino, 885 P.2d 559 (Supreme Ct. Nevada 1994) that the grandparents of a child (who’s biological parent gave up rights) have no legal right for visitation with the child. Since the legal bond was done when the adoption papers were signed to the mother’s new husband took over custody. However, this is now being looked at with this type of situation case by case. Some rule that if it’s in the best interest of the child, then as long as the paperwork was filed in a certain matter of time. The Linos’s didn’t file a petition for visitation right at the time when the adoption was being taken placed.
The paternal grandparents of child (K.B) petitioned to have visitation 8 months after the adoption was final of K.B’s stepfather being given the right by biological father to adopt. The mother of K.B and new father (step-dad) challenged the visitation of the grandparents.
The court held that visitation be granted and the first Wednesday of the month they could have K.B for 2 hours over lunch. The parents of K.B were married shortly and divorced when K.B was 7 months old. Three months later the mother remarried and with consent of biological father, the new husband adopted K.B. The parents of K.B shot back and brought the Lino’s back to court stating that once the child is legally adopted, that the legal rights of the natural kindred of K.B’s grandparents were terminated at time of adoption.
The Bopps took the Lino’s back to court stating that the petition was not filed in a timely manner. The courts decided to reverse the court order that approved the Lino’s visitation on Wednesday’s due to the fact of the petition not being put in a timely manner. Therefore the court sided with the Bopps and visitation rights were terminated.
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