Assembly Bill No. 544–Committee on Judiciary

(On Behalf of Assemblywoman Buckley)

March 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning parent moving child out of this state. (BDR 11-1598)

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 domestic relations; requiring a court under certain circumstances to consider the best interest of a child when determining whether to grant permission to a parent to move the child out of this state; removing the reference to a parent having joint custody of a child in a provision concerning consent required to move a child from this state; 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 125.470 is hereby amended to read as follows:

1-2 125.470 1. If, during any proceeding brought under this chapter,

1-3 either before or after the entry of a final order concerning the custody of a

1-4 minor child, it appears to the court that any minor child of either party has

1-5 been, or is likely to be, taken or removed out of this state or concealed

1-6 within this state, the court shall forthwith order such child to be produced

1-7 before it and make such disposition of the child’s custody as appears most

1-8 advantageous to and in the best interest of the child and most likely to

1-9 secure to him the benefit of the final order or the modification or

1-10 termination of the final order to be made in his behalf.

1-11 2. If, during any proceeding brought under this chapter, either before

1-12 or after the entry of a final order concerning the custody of a minor child,

1-13 the court finds that it would be in the best interest of the minor child, the

1-14 court may enter an order providing that a party may, with the assistance of

2-1 the appropriate law enforcement agency, obtain physical custody of the

2-2 child from the party having physical custody of the child. The order must

2-3 provide that if the party obtains physical custody of the child, the child

2-4 must be produced before the court as soon as practicable to allow the court

2-5 to make such disposition of the child’s custody as appears most

2-6 advantageous to and in the best interest of the child and most likely to

2-7 secure to him the benefit of the final order or the modification or

2-8 termination of the final order to be made in his behalf.

2-9 3. If the court enters an order pursuant to subsection 2 providing that a

2-10 party may obtain physical custody of a child, the court shall order that party

2-11 to give the party having physical custody of the child notice at least 24

2-12 hours before the time at which he intends to obtain physical custody of the

2-13 child, unless the court deems that requiring the notice would likely defeat

2-14 the purpose of the order.

2-15 4. All orders for a party to appear with a child issued pursuant to this

2-16 section may be enforced as provided by subsection 2 of NRS 125A.140.

2-17 5. A proceeding under this section must be given priority on the court

2-18 calendar.

2-19 Sec. 2. NRS 125A.350 is hereby amended to read as follows:

2-20 125A.350 If custody has been established and the custodial parent [or a

2-21 parent having joint custody] intends to move his residence to a place

2-22 outside of this state and to take the child with him, he must, as soon as

2-23 possible and before the planned move, attempt to obtain the written consent

2-24 of the [other] noncustodial parent to move the child from [the] this state. If

2-25 the noncustodial parent [or other parent having joint custody] refuses to

2-26 give that consent, the custodial parent [planning the move] shall, before he

2-27 leaves [the] this state with the child, petition the court for permission to

2-28 move the child. The failure of a parent to comply with the provisions of this

2-29 section may be considered as a factor if a change of custody is requested by

2-30 the noncustodial parent . [or other parent having joint custody.]

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