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—Makes various changes concerning granting rights to visitation with child to persons other than parents of child. (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
AN ACT relating to children; making various changes concerning granting rights to visitation with a child to persons other than the parents of the child; repealing a duplicative provision concerning the rights of grandparents to visitation with a 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: 125A.330 1. Except as otherwise provided in subsection1-3
parent of an unmarried minor child1-4
(a) Is deceased;1-5
(b) Is divorced or separated from the parent who has custody of the1-6
child1-7
(c) Has never been legally married to the other parent of the child, but1-8
cohabitated with the other parent and is deceased or is separated from1-9
the other parent; or1-10
(d) Has relinquished his parental rights or his parental rights have1-11
been1-12
the district court in the county in which the child resides may grant to the1-13
great-grandparents and grandparents1-14
children of either parent of the child a reasonable right to visit the child2-1
during his minority, if the court finds that the visits would be in the best2-2
interests of the child.2-3
2. If the child has resided with a person with whom he has2-4
established a meaningful relationship, the court also may grant to that2-5
person a reasonable right to visit the child during his minority, regardless2-6
of whether the person is related to the child, if the court finds that the2-7
visits would be in the best interests of the child.2-8
3. In determining whether to grant2-9
petitioner2-10
(a) The love, affection and other emotional ties existing between the2-11
party seeking visitation and the child.2-12
(b) The capacity and disposition of the party seeking visitation to:2-13
(1) Give the child love, affection and guidance2-14
model to the child;2-15
(2) Cooperate in providing the child with food, clothing and other2-16
material needs during visitation; and2-17
(3) Cooperate in providing the child with health care or alternative2-18
care recognized and permitted under the laws of this state in lieu of health2-19
care.2-20
(c) The prior relationship between the child and the party seeking2-21
visitation2-22
the party seeking visitation and whether the child was included in2-23
holidays and family gatherings with the party seeking visitation.2-24
(d) The moral fitness of the party seeking visitation.2-25
(e) The mental and physical health of the party seeking visitation.2-26
(f) The reasonable preference of the child, if the child has a preference,2-27
and if the child is determined to be of sufficient maturity to express a2-28
preference.2-29
(g) The willingness and ability of the party seeking visitation to facilitate2-30
and encourage a close and continuing relationship between the child and2-31
the parent or parents2-32
child.2-33
(h) The medical and other needs of the child related to health as affected2-34
by the visitation.2-35
(i) The support provided by the party seeking visitation, including,2-36
without limitation, whether the party has contributed to the financial2-37
support of the child.2-38
(j) Any other factor considered relevant by the court to a particular2-39
dispute.2-40
2-41
are relinquished or terminated, and the child is placed in the custody of a2-42
public agency or a private agency licensed to place children in homes, the2-43
district court in the county in which the child resides may grant to the3-1
great-grandparents and grandparents3-2
children of either parent of the child a reasonable right to visit the child3-3
during his minority if a petition therefor is filed with the court before the3-4
date on which the parental rights are relinquished or terminated. In3-5
determining whether to grant this right to a petitioner, the court must find3-6
that the visits would be in the best interests of the child in light of the3-7
considerations set forth in subsection3-8
3-9
(a) In a divorce decree;3-10
(b) In an order of separate maintenance; or3-11
(c) Upon a petition filed by an eligible person3-12
(1) After a divorce or separation or after the death of3-13
3-14
termination of a parental right3-15
3-16
(2) If the parents of the child were not legally married and were3-17
cohabitating, after the death of a parent or after the separation of the3-18
parents of the child; or3-19
(3) If the petition is based on the provisions of subsection 2, after3-20
the eligible person ceases to reside with the child.3-21
6. If a court terminates the parental rights of a parent who is divorced3-22
or separated ,3-23
subsection 13-24
by those persons would be in the best interests of the child.3-25
3-26
(a) A legal separation or any other separation of a married couple if the3-27
couple has lived separate and apart for 30 days or more and has no present3-28
intention of resuming a marital relationship3-29
(b) If a couple was not legally married but cohabitating, a separation3-30
of the couple if the couple has lived separate and apart for 30 days or3-31
more and has no present intention of resuming cohabitation or entering3-32
into a marital relationship.3-33
Sec. 2. NRS 125A.340 is hereby repealed.
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TEXT OF REPEALED SECTION125A.340 Rights of certain great-grandparents and grandparents.
3-36
Except as otherwise provided in subsection 2 of NRS 125A.330, a3-37
grandparent or parent of either parent of an unmarried minor child, if:3-38
1. One parent of the minor child is deceased, divorced or separated3-39
from the other parent; or4-1
2. The parental rights of either parent have been terminated,4-2
may visit the child during the child’s minority and spend sufficient time4-3
with the child to establish a meaningful relationship, if the court determines4-4
that visitation is in the best interests of the child.~