1. Assembly Bill No. 456–Assemblyman Perkins

CHAPTER........

AN ACT relating to domestic relations; prohibiting a court from awarding custody to or

rights to visitation to a parent who is convicted of murder of the first degree for the

murder of the other parent of a child under certain circumstances; establishing a

presumption that custody of a child by a person who has engaged in certain acts of

domestic violence is not in the best interest of the child; and providing other matters

properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 125A of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 and 3 of this act.

Sec. 2. If a parent of a child is convicted of murder of the first

degree for the murder of the other parent of the child:

1. A court shall not enter an order awarding custody to or rights to

visitation with the child to the parent so convicted, unless the court

determines that it is in the best interest of the child to do so or the child

who is the subject of the order is of suitable age to signify his assent and

assents to the order.

2. Until the court makes a determination pursuant to subsection 1,

no person may bring the child into the presence of the parent so

convicted without the consent of the legal guardian or custodian of the

child.

Sec. 3. 1. Except as otherwise provided in NRS 125A.360 and

section 2 of this act, a determination by the court after an evidentiary

hearing and finding by clear and convincing evidence that either parent

or any other person seeking custody of a child has engaged in one or

more acts of domestic violence against the child, a parent of the child or

any other person residing with the child creates a rebuttable presumption

that sole or joint custody of the child by the perpetrator of the domestic

violence is not in the best interest of the child. Upon making such a

determination, the court shall set forth:

(a) Findings of fact that support the determination that one or more

acts of domestic violence occurred; and

(b) Findings that the custody or visitation arrangement ordered by the

court adequately protects the child and the parent or other victim of

domestic violence who resided with the child.

2. If after an evidentiary hearing held pursuant to subsection 1 the

court determines that more than one party has engaged in acts of

domestic violence, it shall, if possible, determine which person was the

primary physical aggressor. In determining which party was the primary

physical aggressor for the purposes of this section, the court shall

consider:

(a) All prior acts of domestic violence involving any of the parties

;

(b) The relative severity of the injuries, if any, inflicted upon the

persons involved in those prior acts of domestic violence;

(c) The likelihood of future injury;

(d) Whether, during the prior acts, one of the parties acted in self

-defense; and

(e) Any other factors that the court deems relevant to the

determination.

In such a case, if it is not possible for the court to determine which party

is the primary physical aggressor, the presumption created pursuant to

subsection 1 applies to each of the parties. If it is possible for the court to

determine which party is the primary physical aggressor, the presumption

created pursuant to subsection 1 applies only to the party determined by

the court to be the primary physical aggressor.

3. As used in this section, "domestic violence" means the commission

of any act described in NRS 33.018.

Sec. 4. Chapter 432B of NRS is hereby amended by adding thereto the

provisions set forth as sections 5 and 6 of this act.

Sec. 5. If a parent of a child is convicted of murder of the first

degree for the murder of the other parent of the child:

1. A court shall not enter an order awarding custody to or rights to

visitation with the child to the parent so convicted, unless the court

determines that it is in the best interest of the child to do so or the child

who is the subject of the order is of suitable age to signify his assent and

assents to the order. A court, agency, institution or other person who

places a child in protective custody shall not release a child to the custody

of a parent convicted of murder of the first degree for the murder of the

other parent of the child.

2. Until the court makes a determination pursuant to subsection 1,

no person may bring the child into the presence of the parent so

convicted without the consent of the legal guardian or custodian of the

child.

Sec. 6. 1. Except as otherwise provided in NRS 125A.360 and

section 5 of this act, a determination by the court after an evidentiary

hearing and finding by clear and convincing evidence that either parent

or any other person seeking custody of a child has engaged in one or

more acts of domestic violence against the child, a parent of the child or

any other person residing with the child creates a rebuttable presumption

that it is not in the best interest of the child for the perpetrator of the

domestic violence to have custody of the child. Upon making such a

determination, the court shall set forth:

(a) Findings of fact that support the determination that one or more

acts of domestic violence occurred; and

(b) Findings that the custody or visitation arrangement ordered by the

court adequately protects the child and the parent or other victim of

domestic violence who resided with the child.

2. If after an evidentiary hearing held pursuant to subsection 1 the

court determines that more than one party has engaged in acts of

domestic violence, it shall, if possible, determine which person was the

primary physical aggressor. In determining which party was the primary

physical aggressor for the purposes of this section, the court shall

consider:

(a) All prior acts of domestic violence involving any of the parties;

(b) The relative severity of the injuries, if any, inflicted upon the

persons involved in those prior acts of domestic violence;

(c) The likelihood of future injury;

(d) Whether, during the prior acts, one of the parties acted in self

-defense; and

(e) Any other factors that the court deems relevant to the

determination.

In such a case, if it is not possible for the court to determine which party

is the primary physical aggressor, the presumption created pursuant to

subsection 1 applies to each of the parties. If it is possible for the court to

determine which party is the primary physical aggressor, the presumption

created pursuant to subsection 1 applies only to the party determined by

the court to be the primary physical aggressor.

3. A court, agency, institution or other person who places a child in

protective custody shall not release a child to the custody of a person who

a court has determined pursuant to subsection 1 has engaged in one or

more acts of domestic violence against the child, a parent of the child or

any other person residing with the child unless:

(a) A court determines that it is in the best interest of the child for the

perpetrator of the domestic violence to have custody of the child; or

(b) Pursuant to the provisions of subsection 2, the presumption

created pursuant to subsection 1 does not apply to the person to whom

the court releases the child.

4. As used in this section, "domestic violence" means the commission

of any act described in NRS 33.018.

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