Assembly Bill No. 436–Assemblymen Berman, Carpenter, Leslie, Nolan, Segerblom, Beers, Gibbons, Marvel, Price, Ohrenschall, Von Tobel, Manendo, Collins, Parks, Arberry, Bache, Buckley, Tiffany, Hettrick, Brower
and Humke
March 10, 1999
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions regarding visitation rights of grandparents. (BDR 11-1219)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 125A.330 is hereby amended to read as follows: 125A.330 1. Except as otherwise provided in subsection1-3
parent of an unmarried minor child is deceased or divorced or separated1-4
from the parent who has custody of the child, or his parental rights have1-5
been relinquished or terminated, the district court in the county in which1-6
the child resides may grant to the grandparents,1-7
children of either parent of the child a reasonable right to visit the child1-8
during his minority, if the court finds that the visits would be in the best1-9
interests of the child1-10
2. In determining whether to grant this right to a petitioner, the court1-11
shall consider:1-12
(a) The love, affection and other emotional ties existing between the1-13
party seeking visitation and the child.1-14
(b) The capacity and disposition of the party seeking visitation to:2-1
(1) Give the child love, affection and guidance2-2
model to the child;2-3
(2) Cooperate in providing the child with food, clothing and other2-4
material needs during visitation; and2-5
(3) Cooperate in providing the child with health care or alternative2-6
care recognized and permitted under the laws of this state in lieu of health2-7
care.2-8
(c) The prior relationship between the child and the party seeking2-9
visitation2-10
with the party seeking visitation and whether the child was included in2-11
holidays and family gatherings with the party seeking visitation.2-12
(d) The moral fitness of the party seeking visitation.2-13
(e) The mental and physical health of the party seeking visitation.2-14
(f) The reasonable preference of the child, if the child has a preference,2-15
and if the child is determined to be of sufficient maturity to express a2-16
preference.2-17
(g) The willingness and ability of the party seeking visitation to2-18
facilitate and encourage a close and continuing relationship between the2-19
child and the parent or parents2-20
members of the child’s family, including, without limitation, cousins,2-21
grandparents, great-grandparents and aunts and uncles.2-22
(h) The medical and other needs of the child related to health as2-23
affected by the visitation.2-24
(i) The support provided by the party seeking visitation, including,2-25
without limitation, whether the party has contributed to the financial2-26
support of the child.2-27
(j) Any other factor considered relevant by the court to a particular2-28
dispute.2-29
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are relinquished or terminated, and the child is placed in the custody of a2-31
public agency or a private agency licensed to place children in homes, the2-32
district court in the county in which the child resides may grant to the2-33
grandparents, parents and other children of either parent a reasonable right2-34
to visit the child during his minority if a petition therefor is filed with the2-35
court before the date on which the parental rights are relinquished or2-36
terminated. In determining whether to grant this right to a petitioner, the2-37
court must find that the visits would be in the best interests of the child in2-38
light of the considerations set forth in subsection 1.2-39
2-40
(a) In a divorce decree;2-41
(b) In an order of separate maintenance; or3-1
(c) Upon a petition filed by an eligible person after a divorce or3-2
separation or after the death of the parent to whom the person was related,3-3
or upon the relinquishment or termination of a parental right.3-4
3-5
separated also terminates any rights previously granted pursuant to3-6
subsection 1, unless the court finds that visits by those persons would be in3-7
the best interests of the child.3-8
3-9
separation or any other separation of a married couple if the couple has3-10
lived separate and apart for 30 days or more and has no present intention of3-11
resuming a marital relationship.3-12
Sec. 2. NRS 125A.340 is hereby amended to read as follows: 125A.340 1. Except as otherwise provided in subsection3-14
NRS 125A.330, if a3-15
unmarried minor child3-16
3-17
(a) Is deceased, divorced or separated from the other parent;3-18
3-19
(b) Where the parent was not legally married to the other parent with3-20
whom he was cohabiting, is separated from the other parent; or3-21
(c) Has relinquished his parental rights3-22
parental rights have been terminated,3-23
3-24
grant to the parents of either parent of the child a reasonable right to3-25
visit the child during the child’s minority and spend sufficient time with3-26
the child to establish a meaningful relationship, if the court determines that3-27
visitation is in the best interests of the child3-28
subsection 2 of NRS 125A.330.3-29
2. Termination of the parental rights of a parent who is divorced or3-30
separated also terminates any rights previously granted pursuant to3-31
subsection 1, unless the court finds that visits by those persons would be3-32
in the best interests of the child.3-33
3. Rights to visit a child may be granted pursuant to this section:3-34
(a) In a divorce decree;3-35
(b) In an order of separate maintenance; or3-36
(c) Upon a petition filed by an eligible person:3-37
(1) After a divorce or separation or after the death of the parent to3-38
whom the person was related, or upon the relinquishment or termination3-39
of a parental right.3-40
(2) If the parents of the child were not legally married and were3-41
cohabiting, after the separation of the parents of the child.3-42
4. For the purposes of this section, "separation" means:4-1
(a) A legal separation or any other separation of a married couple if4-2
the couple has lived separate and apart for 30 days or more and has no4-3
present intention of resuming a marital relationship; or4-4
(b) If a couple was not legally married but cohabiting, a separation of4-5
the couple if the couple has lived separate and apart for 30 days or more4-6
and has no present intention of resuming cohabitation or entering into a4-7
marital relationship.4-8
Sec. 3. NRS 127.171 is hereby amended to read as follows: 127.171 1. In a proceeding for the adoption of a child, the court may4-10
grant a reasonable right to visit to certain relatives of the child only if a4-11
similar right had been granted previously pursuant to NRS 125A.3304-12
125A.340.4-13
2. The court may not grant a right to visit the child to any person other4-14
than as specified in subsection 1.~