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 firstdegree 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 andsection 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 theprovisions 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.
1. Except as otherwise provided in NRS 125A.360 andsection 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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