Visitation Rights

Child Visitation Attorney in Reno

Nearly 14 Years as a Prosecutor. Now Fighting for Your Parenting Rights.

Visitation rights determine when and how a noncustodial parent spends time with their child after separation or divorce. In Nevada, those rights are established through court order and governed by NRS Chapter 125C. Cases are filed and heard in the Washoe County Family Court, part of the Second Judicial District. Whether you’re establishing an initial parenting schedule, enforcing an order the other parent is ignoring, or navigating a situation involving domestic violence, the legal path forward matters.

Attorney Kelli Anne Viloria brings three decades of family law experience to these cases. Before entering private practice in 2011, she spent nearly 14 years as a criminal prosecutor at the Washoe County District Attorney’s Office, logging thousands of hours in courtroom proceedings. That litigation background gives her an evidentiary command and advocacy posture that translate directly to contested visitation disputes, especially when the other party is uncooperative or court enforcement becomes necessary.

If you’re dealing with a visitation issue in Reno or anywhere in Northern Nevada, contact Kelli Anne Viloria at (775) 476-5642 to discuss your situation.

How Nevada Law Governs Visitation

Every custody and visitation decision in Nevada is made under the best-interests-of-the-child standard set out in NRS 125C.0035. Judges weigh eleven statutory factors, including each parent’s relationship with the child, the child’s own wishes if they’re of sufficient age and maturity, each parent’s ability to meet the child’s physical and emotional needs, the level of conflict between the parents, and whether either parent has committed domestic violence.

Nevada law also requires that visitation orders be written with sufficient particularity under NRS 125C.010. Vague language like “reasonable visitation” creates room for disagreement and future conflict. A well-drafted order uses specific dates, times, and conditions so both parties know exactly what is required. Nevada courts generally presume joint custody serves the child’s best interests unless case-specific evidence supports a different arrangement.

Our Approach to Visitation Cases

Our goal in every visitation matter is to find the path that costs clients the least, financially and emotionally, while protecting their rights. Where the other party cooperates, we work toward a parenting schedule that reflects the child’s actual needs and the realities of both households. Where cooperation breaks down, Attorney Viloria is a formidable courtroom advocate.

Her prosecution years included significant work involving domestic violence, abuse, and sexual offenses. The Alliance for Victims’ Rights recognized her as the 2010 Outstanding Member of the Criminal Justice System for that work. When a visitation dispute involves a history of domestic violence, that background matters. Under NRS 125C.0035(5), a finding that one parent is a perpetrator of domestic violence creates a rebuttable presumption that awarding that parent sole or joint physical custody isn’t in the child’s best interest, a factor that directly shapes the other parent’s position in court.

Nevada law treats visitation and child support as entirely separate obligations. A custodial parent can’t lawfully deny visitation because support payments are late or missed, and a parent who withholds access for that reason risks contempt proceedings. When a noncustodial parent is wrongfully kept from their child, courts may order compensatory additional visits under NRS 125C.020.

Talk to a Visitation Lawyer in Reno

Time with your child isn’t an abstract legal concept. We represent parents throughout Reno and Washoe County who are fighting to protect that time, and we work to move clients through the process as efficiently as possible.

Call Kelli Anne Viloria at (775) 476-5642 or reach out through our online contact form to schedule a consultation with a child visitation attorney who knows these courts and this law.

Visitation Schedule Types in Nevada

Nevada recognizes three forms of physical custody, and each produces a different parenting time outcome. Visitation schedules aren’t one-size-fits-all; courts and parents can structure parenting time around the child’s school schedule, extracurricular commitments, and the distance between households. A well-constructed schedule reduces future conflict by accounting for these details from the start.

Joint Physical Custody

Under joint physical custody, each parent has the child at least 40 percent of the time, a minimum of 146 days per year. This is the arrangement Nevada courts generally favor.

Primary Physical Custody

Under primary physical custody, the noncustodial parent typically receives alternating weekends, one weeknight per week, extended time in the summer, and alternating holidays.

Sole Physical Custody

Under sole physical custody, which courts reserve for situations where a parent poses a genuine threat to the child’s health or safety, the other parent may have limited or no visitation.

Modifying an Existing Visitation Order in Washoe County

A parenting schedule that worked at the time of the original order may no longer serve the child’s needs as circumstances change. Nevada law allows modification of a visitation or custody order under NRS 125C.0045 when two conditions are met: there has been a substantial change in circumstances affecting the child’s welfare since the prior order was entered, and the proposed modification serves the child’s best interests.

Common circumstances that may qualify include a parent developing a substance abuse problem, a meaningful change in either parent’s work schedule, relocation by either party, or a significant shift in the child’s needs as they grow. A parent seeking to move from visitation rights to joint or primary custody carries a higher burden of proof than one seeking a schedule adjustment within an existing joint arrangement. Modification proceedings are filed with the Washoe County Family Court and may proceed to a short-cause or long-cause evidentiary hearing depending on the scope of the dispute. Attorney Viloria represents clients through this process, helping them build the factual record courts require.

Enforcing a Visitation Order When the Other Parent Won’t Comply

A court order is legally binding. When the custodial parent refuses to follow it, the noncustodial parent has legal options. Attorney Viloria’s years in the Washoe County courts, including direct familiarity with contempt proceedings from her prosecution career, are a practical advantage in these situations.

  • Motion to enforce: Filed with the Washoe County Family Court, this formally puts the violation before a judge.
  • Compensatory visits: Under NRS 125C.020, a court that finds the other parent wrongfully denied visitation may award additional parenting time to make up for what was lost.
  • Contempt of court: Repeated violations can result in contempt findings, which may carry fines or other court-ordered consequences.

Withholding visitation because the other parent hasn’t paid child support isn’t a lawful remedy under Nevada law. A parent who takes that approach risks contempt proceedings themselves.

Grandparent & Third-Party Visitation Rights

Nevada courts may grant visitation rights to grandparents and, in some circumstances, other relatives such as great-grandparents or persons with whom the child has an established meaningful relationship, under NRS 125C.050. These petitions most often arise when one parent has died, when the parents are divorced or separated, when a parent’s rights have been relinquished or terminated, or when the custodial parent has denied or unreasonably restricted the child’s contact with extended family.

Courts start from a presumption that the custodial parent’s decision to restrict contact reflects the child’s best interests, so the grandparent or third party bears the burden of demonstrating both an established relationship with the child and that visitation serves the child’s welfare. If mediation doesn’t resolve the dispute, the matter proceeds to a hearing in the Washoe County Family Court. We handle family law matters involving a range of parties and relationships, including cases where grandparents or other relatives are seeking to protect their place in a child’s life.