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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to children; expanding the rights of grandparents with regard to visitation with a minor child; expanding the factors for consideration by a court in determining whether to grant visitation to grandparents and certain other relatives of a minor child; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 125A.330 is hereby amended to read as follows:

1-2 125A.330 1. Except as otherwise provided in subsection [2,] 3, if a

1-3 parent of an unmarried minor child is deceased or divorced or separated

1-4 from the parent who has custody of the child, or his parental rights have

1-5 been relinquished or terminated, the district court in the county in which

1-6 the child resides may grant to the grandparents, [parents] and other

1-7 children of either parent of the child a reasonable right to visit the child

1-8 during his minority, if the court finds that the visits would be in the best

1-9 interests of the child [.] in accordance with subsection 2.

1-10 2. In determining whether to grant this right to a petitioner, the court

1-11 shall consider:

1-12 (a) The love, affection and other emotional ties existing between the

1-13 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 guidance [;] and serve as a role

2-2 model to the child;

2-3 (2) Cooperate in providing the child with food, clothing and other

2-4 material needs during visitation; and

2-5 (3) Cooperate in providing the child with health care or alternative

2-6 care recognized and permitted under the laws of this state in lieu of health

2-7 care.

2-8 (c) The prior relationship between the child and the party seeking

2-9 visitation [.] , including, without limitation, whether the child resided

2-10 with the party seeking visitation and whether the child was included in

2-11 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 a

2-16 preference.

2-17 (g) The willingness and ability of the party seeking visitation to

2-18 facilitate and encourage a close and continuing relationship between the

2-19 child and the parent or parents [.] of the child as well as with other

2-20 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 as

2-23 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 financial

2-26 support of the child.

2-27 (j) Any other factor considered relevant by the court to a particular

2-28 dispute.

2-29 [2.] 3. If the parental rights of either or both natural parents of a child

2-30 are relinquished or terminated, and the child is placed in the custody of a

2-31 public agency or a private agency licensed to place children in homes, the

2-32 district court in the county in which the child resides may grant to the

2-33 grandparents, parents and other children of either parent a reasonable right

2-34 to visit the child during his minority if a petition therefor is filed with the

2-35 court before the date on which the parental rights are relinquished or

2-36 terminated. In determining whether to grant this right to a petitioner, the

2-37 court must find that the visits would be in the best interests of the child in

2-38 light of the considerations set forth in subsection 1.

2-39 [3.] 4. Rights to visit a child may be granted:

2-40 (a) In a divorce decree;

2-41 (b) In an order of separate maintenance; or

3-1 (c) Upon a petition filed by an eligible person after a divorce or

3-2 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 [4.] 5. Termination of the parental rights of a parent who is divorced or

3-5 separated also terminates any rights previously granted pursuant to

3-6 subsection 1, unless the court finds that visits by those persons would be in

3-7 the best interests of the child.

3-8 [5.] 6. For the purposes of this section, "separation" means a legal

3-9 separation or any other separation of a married couple if the couple has

3-10 lived separate and apart for 30 days or more and has no present intention of

3-11 resuming a marital relationship.

3-12 Sec. 2. NRS 125A.340 is hereby amended to read as follows:

3-13 125A.340 1. Except as otherwise provided in subsection [2] 3 of

3-14 NRS 125A.330, if a [grandparent or parent of either] parent of an

3-15 unmarried minor child [, if:

3-16 1. One parent of the minor child is] :

3-17 (a) Is deceased, divorced or separated from the other parent; [or

3-18 2. The]

3-19 (b) Where the parent was not legally married to the other parent with

3-20 whom he was cohabiting, is separated from the other parent; or

3-21 (c) Has relinquished his parental rights [of either parent] or his

3-22 parental rights have been terminated,

3-23 [may visit] the district court in the county in which the child resides shall

3-24 grant to the parents of either parent of the child a reasonable right to

3-25 visit the child during the child’s minority and spend sufficient time with

3-26 the child to establish a meaningful relationship, if the court determines that

3-27 visitation is in the best interests of the child [.] , in accordance with

3-28 subsection 2 of NRS 125A.330.

3-29 2. Termination of the parental rights of a parent who is divorced or

3-30 separated also terminates any rights previously granted pursuant to

3-31 subsection 1, unless the court finds that visits by those persons would be

3-32 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; or

3-36 (c) Upon a petition filed by an eligible person:

3-37 (1) After a divorce or separation or after the death of the parent to

3-38 whom the person was related, or upon the relinquishment or termination

3-39 of a parental right.

3-40 (2) If the parents of the child were not legally married and were

3-41 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 if

4-2 the couple has lived separate and apart for 30 days or more and has no

4-3 present intention of resuming a marital relationship; or

4-4 (b) If a couple was not legally married but cohabiting, a separation of

4-5 the couple if the couple has lived separate and apart for 30 days or more

4-6 and has no present intention of resuming cohabitation or entering into a

4-7 marital relationship.

4-8 Sec. 3. NRS 127.171 is hereby amended to read as follows:

4-9 127.171 1. In a proceeding for the adoption of a child, the court may

4-10 grant a reasonable right to visit to certain relatives of the child only if a

4-11 similar right had been granted previously pursuant to NRS 125A.330 [.] or

4-12 125A.340.

4-13 2. The court may not grant a right to visit the child to any person other

4-14 than as specified in subsection 1.

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