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.

                                    Effect on the State: No.

 

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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,] 6, if a

1-3  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 prohibited visitation between the child and the great-

1-13  grandparents or grandparents of the child or between the child and the

1-14  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 visits would be in the best interests of

1-19  the child.]

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

2-2  a meaningful relationship, the district court [also] in the county in which

2-3  the child resides may grant to that person a reasonable right to visit the

2-4  child during his minority, regardless of whether the person is related to the

2-5  child . [, if the court finds that the visits would be in the best interests of the

2-6  child.]

2-7    3.  There is a rebuttable presumption that the granting of a right to

2-8  visitation to a party seeking visitation pursuant to subsection 1 or 2 is not

2-9  in the best interests of the child. To rebut this presumption, the party

2-10  seeking visitation must prove by clear and convincing evidence that the

2-11  child will suffer harm if a right to visitation is not granted to the party

2-12  seeking visitation.

2-13    4.  The court may grant a party seeking visitation pursuant to

2-14  subsection 1 or 2 a reasonable right to visit the child during his minority

2-15  if the court finds that:

2-16    (a) The party seeking visitation has rebutted the presumption

2-17  established in subsection 3; and

2-18    (b) The visits would be in the best interests of the child.

2-19    5.  In determining whether [to grant a right to visitation to a petitioner

2-20  pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the

2-21  presumption established in subsection 3 and whether the visits would be

2-22  in the best interests of the child, the court shall consider:

2-23    (a) The love, affection and other emotional ties existing between the

2-24  party seeking visitation and the child.

2-25    (b) The capacity and disposition of the party seeking visitation to:

2-26      (1) Give the child love, affection and guidance and serve as a role

2-27  model to the child;

2-28      (2) Cooperate in providing the child with food, clothing and other

2-29  material needs during visitation; and

2-30      (3) Cooperate in providing the child with health care or alternative

2-31  care recognized and permitted under the laws of this state in lieu of health

2-32  care.

2-33    (c) The prior relationship between the child and the party seeking

2-34  visitation, including, without limitation, whether the child resided with the

2-35  party seeking visitation and whether the child was included in holidays and

2-36  family gatherings with the party seeking visitation.

2-37    (d) The moral fitness of the party seeking visitation.

2-38    (e) The mental and physical health of the party seeking visitation.

2-39    (f) The reasonable preference of the child, if the child has a preference,

2-40  and if the child is determined to be of sufficient maturity to express a

2-41  preference.

2-42    (g) The willingness and ability of the party seeking visitation to

2-43  facilitate and encourage a close and continuing relationship between the

2-44  child and the parent or parents of the child as well as with other relatives of

2-45  the child.

2-46    (h) The medical and other needs of the child related to health as affected

2-47  by the visitation.

3-1    (i) The support provided by the party seeking visitation, including,

3-2  without limitation, whether the party has contributed to the financial

3-3  support of the child.

3-4    (j) Any other factor [considered relevant by the court to a particular

3-5  dispute.

3-6    4.] arising solely from the facts and circumstances of the particular

3-7  dispute that specifically pertains to the need for granting a right to

3-8  visitation pursuant to subsection 1 or 2 against the wishes of a parent of

3-9  the child.

3-10    6. If the parental rights of either or both natural parents of a child are

3-11  relinquished or terminated, and the child is placed in the custody of a

3-12  public agency or a private agency licensed to place children in homes, the

3-13  district court in the county in which the child resides may grant to the

3-14  great-grandparents and grandparents of the child and to other children of

3-15  either parent of the child a reasonable right to visit the child during his

3-16  minority if a petition therefor is filed with the court before the date on

3-17  which the parental rights are relinquished or terminated. In determining

3-18  whether to grant this right to a [petitioner,] party seeking visitation, the

3-19  court must find , by a preponderance of the evidence, that the visits would

3-20  be in the best interests of the child in light of the considerations set forth in

3-21  paragraphs (a) to (i), inclusive, of subsection [3.] 5.

3-22    [5.]7.  Rights to visit a child may be granted:

3-23    (a) In a divorce decree;

3-24    (b) In an order of separate maintenance; or

3-25    (c) Upon a petition filed by an eligible person:

3-26      (1) After a divorce or separation or after the death of a parent, or

3-27  upon the relinquishment or termination of a parental right;

3-28      (2) If the parents of the child were not legally married and were

3-29  cohabitating, after the death of a parent or after the separation of the

3-30  parents of the child; [or]

3-31      (3) If the petition is based on the prohibition of visitation between

3-32  the child and the great-grandparents or grandparents of the child or

3-33  between the child and the other children of either parent of the child,

3-34  after a parent has prohibited such visitation; or

3-35      (4) If the petition is based on the provisions of subsection 2, after the

3-36  eligible person ceases to reside with the child.

3-37    [6.] 8. If a court terminates the parental rights of a parent who is

3-38  divorced or separated, any rights previously granted pursuant to subsection

3-39  1 also must be terminated, unless the court finds that visits by those

3-40  persons would be in the best interests of the child.

3-41    [7.] 9. If the court denies a petition for visitation filed pursuant to

3-42  paragraph (e) of subsection 1, the court shall award reasonable

3-43  attorney’s fees and costs incurred by a party who opposed the granting of

3-44  the petition.

3-45    10.  For the purposes of this section, “separation” means:

3-46    (a) A legal separation or any other separation of a married couple if the

3-47  couple has lived separate and apart for 30 days or more and has no present

3-48  intention of resuming a marital relationship; or

4-1    (b) If a couple was not legally married but cohabitating, a separation of

4-2  the couple if the couple has lived separate and apart for 30 days or more

4-3  and has no present intention of resuming cohabitation or entering into a

4-4  marital relationship.

4-5    Sec. 2.  The amendatory provisions of this act apply to a petition for

4-6  visitation that is filed on or after the effective date of this act.

4-7    Sec. 3.  This act becomes effective upon passage and approval.

 

4-8  H