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