I'm Lucy, and I'd be happy to answer your questions today.
In a child custody hearing, the wishes of the child are one of many factors to be considered by the judge. Nev. Rev. Stat., Section 125C.0035. The judge is not required to base his decision solely on where the child wants to live, even when they choose one parent over the other. The fact that you're a grandparent, I'm afraid, adds another layer of complexity. A grandparent has a right in Nevada to sue for visitation, but not custody of a grandchild. Section 125C.050. You're only able to seek visitation if one of the parents is deceased, the parents are divorced or have never been married, or has lost custody.
What that means is, the only way to get custody of your granddaughter, if the father isn't willing to let her live with you, is to file a Petition for Termination of Parental Rights. That means you'd have to show that her parents are legally unfit to care for her, which is usually based on extreme neglect, abuse, or a situation where the parent has an alcohol or drug addiction that leaves them unable to care for the child. I can't tell from your question if any of those apply, but if they do, the next step would be to hire a local attorney. These cases are messy and complicated, and it really helps to have someone who understands the legal system on your side.
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