Amendment No. 569

Assembly Amendment to Assembly Bill No. 436 (BDR 11-1219)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, by deleting lines 3 through 11 and inserting:

"parent of an unmarried minor child [is deceased or] :

(a) Is deceased;

(b) Is divorced or separated from the parent who has custody of the child [,] ;

(c) Has never been legally married to the other parent of the child, but cohabitated with the other parent and is deceased or is separated from the other parent; or

(d) Has relinquished his parental rights or his parental rights have been [relinquished or] terminated,

the district court in the county in which the child resides may grant to the great-grandparents and grandparents [, parents] of the child and to other children of either parent of the child a reasonable right to visit the child during his minority, if the court finds that the visits would be in the best interests of the child.

2. If the child has resided with a person with whom he has established a meaningful relationship, the court also may grant to that person a reasonable right to visit the child during his minority, regardless of whether the person is related to the child, if the court finds that the visits would be in the best interests of the child.

3. In determining whether to grant [this] a right to visitation to a petitioner [,] pursuant to subsection 1 or 2, the court shall consider:".

Amend section 1, page 2, by deleting lines 19 through 21 and inserting:

"the parent or parents [.] of the child as well as with other relatives of the child.".

Amend section 1, page 2, line 29, by deleting "3." and inserting "4.".

Amend section 1, page 2, by deleting line 33 and inserting:

"great-grandparents and grandparents [, parents] of the child and to other children of either parent of the child a reasonable right".

Amend section 1, page 2, line 38, by deleting "1." and inserting "[1.] 3.".

Amend section 1, page 2, line 39, by deleting "4." and inserting "5.".

Amend section 1, page 3, by deleting lines 1 through 11 and inserting:

"(c) Upon a petition filed by an eligible person [after] :

(1) After a divorce or separation or after the death of [the parent to whom the person was related,] a parent, or upon the relinquishment or termination of a parental right [.

4. Termination of the] ;

(2) If the parents of the child were not legally married and were cohabitating, after the death of a parent or after the separation of the parents of the child; or

(3) If the petition is based on the provisions of subsection 2, after the eligible person ceases to reside with the child.

6. If a court terminates the parental rights of a parent who is divorced or separated , [also terminates] any rights previously granted pursuant to subsection 1 [,] also must be terminated, unless the court finds that visits by those persons would be in the best interests of the child.

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

(a) A legal separation or any other separation of a married couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming a marital relationship [.] ; or

(b) If a couple was not legally married but cohabitating, a separation of the couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming cohabitation or entering into a marital relationship.".

Amend the bill as a whole by deleting sections 2 and 3 and adding a new section designated sec. 2 and the text of the repealed section, following section 1, to read follows:

"Sec. 2. NRS 125A.340 is hereby repealed.

 

TEXT OF REPEALED SECTION

 

125A.340 Rights of certain great-grandparents and grandparents. Except as otherwise provided in subsection 2 of NRS 125A.330, a grandparent or parent of either parent of an unmarried minor child, if:

1. One parent of the minor child is deceased, divorced or separated from the other parent; or

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

may visit the child during the child’s minority and spend sufficient time with the child to establish a meaningful relationship, if the court determines that visitation is in the best interests of the child.".

Amend the title of the bill to read as follows:

"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.".

Amend the summary of the bill to read as follows:

"SUMMARY—Makes various changes concerning granting rights to visitation with child to persons other than parents of child. (BDR 11-1219)".