(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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 the court finds that the visits would be in the best interests of

1-16  the child.]

1-17      2.  If the child has resided with a person with whom he has established

1-18  a meaningful relationship, the district court in the county in which the

1-19  child resides also may grant to that person a reasonable right to visit the

1-20  child during his minority, regardless of whether the person is related to the

2-1  child . [, if the court finds that the visits would be in the best interests of the

2-2  child.]

2-3  3.  A party may seek a reasonable right to visit the child during his

2-4  minority pursuant to subsection 1 or 2 only if a parent of the child has

2-5  denied or restricted visits with the child.

2-6  4.  If a parent of the child has denied or restricted visits with the

2-7  child, there is a rebuttable presumption that the granting of a right to

2-8  visitation to a party seeking visitation is not in the best interests of the

2-9  child. To rebut this presumption, the party seeking visitation must prove

2-10  by a preponderance of the evidence that it is in the best interests of the

2-11  child to grant visitation.

2-12      5.  The court may grant a party seeking visitation pursuant to

2-13  subsection 1 or 2 a reasonable right to visit the child during his minority

2-14  only if the court finds that the party seeking visitation has rebutted the

2-15  presumption established in subsection 4.

2-16    6.  In determining whether [to grant a right to visitation to a petitioner

2-17  pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the

2-18  presumption established in subsection 4, the court shall consider:

2-19    (a) The love, affection and other emotional ties existing between the

2-20  party seeking visitation and the child.

2-21    (b) The capacity and disposition of the party seeking visitation to:

2-22      (1) Give the child love, affection and guidance and serve as a role

2-23  model to the child;

2-24      (2) Cooperate in providing the child with food, clothing and other

2-25  material needs during visitation; and

2-26      (3) Cooperate in providing the child with health care or alternative

2-27  care recognized and permitted under the laws of this state in lieu of health

2-28  care.

2-29    (c) The prior relationship between the child and the party seeking

2-30  visitation, including, without limitation, whether the child resided with the

2-31  party seeking visitation and whether the child was included in holidays and

2-32  family gatherings with the party seeking visitation.

2-33    (d) The moral fitness of the party seeking visitation.

2-34    (e) The mental and physical health of the party seeking visitation.

2-35    (f) The reasonable preference of the child, if the child has a preference,

2-36  and if the child is determined to be of sufficient maturity to express a

2-37  preference.

2-38    (g) The willingness and ability of the party seeking visitation to

2-39  facilitate and encourage a close and continuing relationship between the

2-40  child and the parent or parents of the child as well as with other relatives of

2-41  the child.

2-42    (h) The medical and other needs of the child related to health as affected

2-43  by the visitation.

2-44    (i) The support provided by the party seeking visitation, including,

2-45  without limitation, whether the party has contributed to the financial

2-46  support of the child.

2-47    (j) Any other factor considered relevant by the court to a particular

2-48  dispute.

3-1  [4.] 7. If the parental rights of either or both natural parents of a child

3-2  are relinquished or terminated, and the child is placed in the custody of a

3-3  public agency or a private agency licensed to place children in homes, the

3-4  district court in the county in which the child resides may grant to the

3-5  great-grandparents and grandparents of the child and to other children of

3-6  either parent of the child a reasonable right to visit the child during his

3-7  minority if a petition therefor is filed with the court before the date on

3-8  which the parental rights are relinquished or terminated. In determining

3-9  whether to grant this right to a [petitioner,] party seeking visitation, the

3-10  court must find that the visits would be in the best interests of the child in

3-11  light of the considerations set forth in paragraphs (a) to (j), inclusive, of

3-12  subsection [3.] 6.

3-13    [5.] 8.  Rights to visit a child may be granted:

3-14    (a) In a divorce decree;

3-15    (b) In an order of separate maintenance; or

3-16    (c) Upon a petition filed by an eligible person:

3-17      (1) After a divorce or separation or after the death of a parent, or

3-18  upon the relinquishment or termination of a parental right;

3-19      (2) If the parents of the child were not legally married and were

3-20  cohabitating, after the death of a parent or after the separation of the

3-21  parents of the child; or

3-22      (3) If the petition is based on the provisions of subsection 2, after the

3-23  eligible person ceases to reside with the child.

3-24    [6.] 9. If a court terminates the parental rights of a parent who is

3-25  divorced or separated, any rights previously granted pursuant to subsection

3-26  1 also must be terminated, unless the court finds that visits by those

3-27  persons would be in the best interests of the child.

3-28    [7.] 10. For the purposes of this section, “separation” means:

3-29    (a) A legal separation or any other separation of a married couple if the

3-30  couple has lived separate and apart for 30 days or more and has no present

3-31  intention of resuming a marital relationship; or

3-32    (b) If a couple was not legally married but cohabitating, a separation of

3-33  the couple if the couple has lived separate and apart for 30 days or more

3-34  and has no present intention of resuming cohabitation or entering into a

3-35  marital relationship.

3-36    Sec. 2.  The amendatory provisions of this act apply to a petition for

3-37  visitation that is filed on or after the effective date of this act.

3-38    Sec. 3.  This act becomes effective upon passage and approval.

 

3-39  H