Assembly Bill No. 34–Assemblywoman Berman
Prefiled January 24, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions governing granting of
rights to visitation with child to persons other than parents of child. (BDR 11‑193)
FISCAL NOTE: Effect on Local Government: 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; revising the provisions governing the granting of
rights to visitation with a child to persons other than the parents 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:
1-1 Section 1. NRS 125C.050
is hereby amended to read as follows:
1-2 125C.050 1. Except as otherwise provided in [subsection 3,]
this
1-3 section, if a parent of an unmarried minor child:
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 the
1-9 other parent; or
1-10 (d) Has relinquished his parental rights or his parental rights
have been
1-11 terminated,
1-12 the district court in the
county in which the child resides may grant to the
1-13 great-grandparents and
grandparents of the child and to other children of
1-14 either parent of the child a
reasonable right to visit the child during his
1-15 minority, if a parent of the child has denied or
unreasonably restricted
1-16 visits with the child and if the court finds that the party seeking visitation
1-17 has proved by clear and convincing evidence that the visits would be in
1-18 the best interests of the
child.
1-19 2. If the child has resided
with a person with whom he has established
1-20 a meaningful relationship,
the court also may grant to that person a
1-21 reasonable right to visit
the child during his minority, regardless of whether
2-1 the person is related to the
child, if a parent of the child
has denied or
2-2 unreasonably restricted visits with the child and if the court finds that the
2-3 party seeking visitation has proved by clear and convincing
evidence that
2-4 the visits would be in the best interests of the child.
2-5 3. [In] To be granted a right to visitation
pursuant to subsection 1 or
2-6 2, a party seeking visitation must rebut, by clear and convincing
2-7 evidence, the presumption that the denial or restriction of
visitation with
2-8 the child by a parent of the child is in the best interests of the
child. In
2-9 addition to considering this presumption, in determining whether to grant
2-10 a right to visitation to a [petitioner]
party seeking visitation pursuant
to
2-11 subsection 1 or 2, the court
shall consider:
2-12 (a) The love, affection and other emotional ties existing between
the
2-13 party seeking visitation and
the child.
2-14 (b) The capacity and disposition of the party seeking visitation
to:
2-15 (1) Give the child love, affection and guidance and serve as a
role
2-16 model to the child;
2-17 (2) Cooperate in providing the child with food, clothing and
other
2-18 material needs during
visitation; and
2-19 (3) Cooperate in providing the child with health care or
alternative
2-20 care recognized and
permitted under the laws of this state in lieu of health
2-21 care.
2-22 (c) The prior relationship between the child and the party seeking
2-23 visitation, including,
without limitation, whether the child resided with the
2-24 party seeking visitation and
whether the child was included in holidays and
2-25 family gatherings with the
party seeking visitation.
2-26 (d) The moral fitness of the party seeking visitation.
2-27 (e) The mental and physical health of the party seeking visitation.
2-28 (f) The reasonable preference of the child, if the child has a
preference,
2-29 and if the child is
determined to be of sufficient maturity to express a
2-30 preference.
2-31 (g) The willingness and ability of the party seeking visitation to
2-32 facilitate and encourage a
close and continuing relationship between the
2-33 child and the parent or
parents of the child as well as with other relatives of
2-34 the child.
2-35 (h) The medical and other needs of the child related to health as
affected
2-36 by the visitation.
2-37 (i) The support provided by the party seeking visitation,
including,
2-38 without limitation, whether
the party has contributed to the financial
2-39 support of the child.
2-40 (j) Any other factor considered relevant by the court to a
particular
2-41 dispute.
2-42 4. If the parental rights
of either or both natural parents of a child are
2-43 relinquished or terminated,
and the child is placed in the custody of a
2-44 public agency or a private
agency licensed to place children in homes, the
2-45 district court in the county
in which the child resides may grant to the
2-46 great-grandparents and
grandparents of the child and to other children of
2-47 either parent of the child a
reasonable right to visit the child during his
2-48 minority if a petition
therefor is filed with the court before the date on
2-49 which the parental rights
are relinquished or terminated. In determining
3-1 whether to grant this right
to a [petitioner,] party seeking visitation, the
3-2 court must find that the party seeking visitation has proved by
clear and
3-3 convincing evidence that the visits would be in the best interests of the
3-4 child in light of the
considerations set forth in paragraphs
(a) to (j),
3-5 inclusive, of subsection 3.
3-6 5. Rights to visit a child
may be granted:
3-7 (a) In a divorce decree;
3-8 (b) In an order of separate maintenance; or
3-9 (c) Upon a petition filed by an eligible person:
3-10 (1) After a divorce or separation or after the death of a parent,
or
3-11 upon the relinquishment or
termination of a parental right;
3-12 (2) If the parents of the child were not legally married and were
3-13 cohabitating, after the
death of a parent or after the separation of the
3-14 parents of the child; or
3-15 (3) If the petition is based on the provisions of subsection 2,
after the
3-16 eligible person ceases to
reside with the child.
3-17 6. If a court terminates
the parental rights of a parent who is divorced
3-18 or separated, any rights
previously granted pursuant to subsection 1 also
3-19 must be terminated, unless
the court finds that visits by those persons
3-20 would be in the best
interests of the child.
3-21 7. For the purposes of this
section, “separation” means:
3-22 (a) A legal separation or any other separation of a married couple
if the
3-23 couple has lived separate
and apart for 30 days or more and has no present
3-24 intention of resuming a
marital relationship; or
3-25 (b) If a couple was not legally married but cohabitating, a
separation of
3-26 the couple if the couple has
lived separate and apart for 30 days or more
3-27 and has no present intention
of resuming cohabitation or entering into a
3-28 marital relationship.
3-29 Sec. 2. The amendatory provisions of this act apply to a petition for
3-30 visitation that is filed on
or after the effective date of this act.
3-31 Sec. 3. This act becomes effective upon passage and approval.
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