Senate Bill No. 25–Senator O’Connell (By Request)

 

Joint Sponsor:  Assemblywoman Berman

 

CHAPTER..........

 

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:

 

   Section 1. NRS 125C.050 is hereby amended to read as follows:

   125C.050  1.  Except as otherwise provided in [subsection 3,] this

 section, if a parent of an unmarried minor child:

   (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

 terminated,

the district court in the county in which the child resides may grant to the

 great-grandparents and grandparents 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 district court in the county in which the

 child resides 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.  A party may seek a reasonable right to visit the child during his

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

 denied or unreasonably restricted visits with the child.

   4.  If a parent of the child has denied or unreasonably restricted visits

 with the child, there is a rebuttable presumption that the granting of a

 right to visitation to a party seeking visitation is not in the best interests

 of the child. To rebut this presumption, the party seeking visitation must

 prove by clear and convincing evidence that it is in the best interests of

 the child to grant visitation.

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

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

 only if the court finds that the party seeking visitation has rebutted the

 presumption established in subsection 4.

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

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

 the presumption established in subsection 4, the court shall consider:

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

 party seeking visitation and the child.

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

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

 model to the child;

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

 material needs during visitation; and

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

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

 care.

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

 visitation, including, without limitation, whether the child resided with the

 party seeking visitation and whether the child was included in holidays

 and family gatherings with the party seeking visitation.

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

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

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

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

 preference.

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

 facilitate and encourage a close and continuing relationship between the

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

 of the child.

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

 by the visitation.

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

 without limitation, whether the party has contributed to the financial

 support of the child.

   (j) Any other factor [considered relevant by the court to a particular

 dispute.

   4.] arising solely from the facts and circumstances of the particular

 dispute that specifically pertains to the need for granting a right to

 visitation pursuant to subsection 1 or 2 against the wishes of a parent of

 the child.

   7.  If the parental rights of either or both natural parents of a child are

 relinquished or terminated, and the child is placed in the custody of a

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

 district court in the county in which the child resides may grant to the

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

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

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

 which the parental rights are relinquished or terminated. In determining

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

 court must find , by a preponderance of the evidence, that the visits would

 be in the best interests of the child in light of the considerations set forth in

 paragraphs (a) to (i), inclusive, of subsection [3.] 6.

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

   (a) In a divorce decree;

   (b) In an order of separate maintenance; or

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

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

 upon the relinquishment or termination of a parental right;

     (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.] 9. If a court terminates the parental rights of a parent who is

 divorced or separated, any rights previously granted pursuant to subsection

 1 also must be terminated, unless the court finds , by a preponderance of

 the evidence, that visits by those persons would be in the best interests of

 the child.

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

   (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.

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

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

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

 

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