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 [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; 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:

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] :

1-4 (a) Is deceased;

1-5 (b) Is divorced or separated from the parent who has custody of the

1-6 child [,] ;

1-7 (c) Has never been legally married to the other parent of the child, but

1-8 cohabitated with the other parent and is deceased or is separated from

1-9 the other parent; or

1-10 (d) Has relinquished his parental rights or his parental rights have

1-11 been [relinquished or] terminated,

1-12 the district court in the county in which the child resides may grant to the

1-13 great-grandparents and grandparents [, parents] of the child and to other

1-14 children of either parent of the child a reasonable right to visit the child

2-1 during his minority, if the court finds that the visits would be in the best

2-2 interests of the child.

2-3 2. If the child has resided with a person with whom he has

2-4 established a meaningful relationship, the court also may grant to that

2-5 person a reasonable right to visit the child during his minority, regardless

2-6 of whether the person is related to the child, if the court finds that the

2-7 visits would be in the best interests of the child.

2-8 3. In determining whether to grant [this] a right to visitation to a

2-9 petitioner [,] pursuant to subsection 1 or 2, the court shall consider:

2-10 (a) The love, affection and other emotional ties existing between the

2-11 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 guidance [;] and serve as a role

2-14 model to the child;

2-15 (2) Cooperate in providing the child with food, clothing and other

2-16 material needs during visitation; and

2-17 (3) Cooperate in providing the child with health care or alternative

2-18 care recognized and permitted under the laws of this state in lieu of health

2-19 care.

2-20 (c) The prior relationship between the child and the party seeking

2-21 visitation [.] , including, without limitation, whether the child resided with

2-22 the party seeking visitation and whether the child was included in

2-23 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 a

2-28 preference.

2-29 (g) The willingness and ability of the party seeking visitation to facilitate

2-30 and encourage a close and continuing relationship between the child and

2-31 the parent or parents [.] of the child as well as with other relatives of the

2-32 child.

2-33 (h) The medical and other needs of the child related to health as affected

2-34 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 financial

2-37 support of the child.

2-38 (j) Any other factor considered relevant by the court to a particular

2-39 dispute.

2-40 [2.] 4. If the parental rights of either or both natural parents of a child

2-41 are relinquished or terminated, and the child is placed in the custody of a

2-42 public agency or a private agency licensed to place children in homes, the

2-43 district court in the county in which the child resides may grant to the

3-1 great-grandparents and grandparents [, parents] of the child and to other

3-2 children of either parent of the child a reasonable right to visit the child

3-3 during his minority if a petition therefor is filed with the court before the

3-4 date on which the parental rights are relinquished or terminated. In

3-5 determining whether to grant this right to a petitioner, the court must find

3-6 that the visits would be in the best interests of the child in light of the

3-7 considerations set forth in subsection [1.] 3.

3-8 [3.] 5. Rights to visit a child may be granted:

3-9 (a) In a divorce decree;

3-10 (b) In an order of separate maintenance; or

3-11 (c) Upon a petition filed by an eligible person [after] :

3-12 (1) After a divorce or separation or after the death of [the parent to

3-13 whom the person was related,] a parent, or upon the relinquishment or

3-14 termination of a parental right [.

3-15 4. Termination of the] ;

3-16 (2) If the parents of the child were not legally married and were

3-17 cohabitating, after the death of a parent or after the separation of the

3-18 parents of the child; or

3-19 (3) If the petition is based on the provisions of subsection 2, after

3-20 the eligible person ceases to reside with the child.

3-21 6. If a court terminates the parental rights of a parent who is divorced

3-22 or separated , [also terminates] any rights previously granted pursuant to

3-23 subsection 1 [,] also must be terminated, unless the court finds that visits

3-24 by those persons would be in the best interests of the child.

3-25 [5.] 7. For the purposes of this section, "separation" means [a] :

3-26 (a) A legal separation or any other separation of a married couple if the

3-27 couple has lived separate and apart for 30 days or more and has no present

3-28 intention of resuming a marital relationship [.] ; or

3-29 (b) If a couple was not legally married but cohabitating, a separation

3-30 of the couple if the couple has lived separate and apart for 30 days or

3-31 more and has no present intention of resuming cohabitation or entering

3-32 into a marital relationship.

3-33 Sec. 2. NRS 125A.340 is hereby repealed.

 

3-34 TEXT OF REPEALED SECTION

 

3-35 125A.340 Rights of certain great-grandparents and grandparents.

3-36 Except as otherwise provided in subsection 2 of NRS 125A.330, a

3-37 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 separated

3-39 from the other parent; or

4-1 2. The parental rights of either parent have been terminated,

4-2 may visit the child during the child’s minority and spend sufficient time

4-3 with the child to establish a meaningful relationship, if the court determines

4-4 that visitation is in the best interests of the child.

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