(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

Prefiled January 19, 2001

 

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Joint Sponsor:  Assemblywoman Berman

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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.

 

~

 

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.]

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

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

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

2-8  minority pursuant to subsection 1 or 2 only if a parent of the child has

2-9  denied or unreasonably restricted visits with the child.

2-10  4.  If a parent of the child has denied or unreasonably restricted visits

2-11  with the child, there is a rebuttable presumption that the granting of a

2-12  right to visitation to a party seeking visitation is not in the best interests

2-13  of the child. To rebut this presumption, the party seeking visitation must

2-14  prove by clear and convincing evidence that it is in the best interests of

2-15  the child to grant visitation.

2-16  5.  The court may grant a party seeking visitation pursuant to

2-17  subsection 1 or 2 a reasonable right to visit the child during his minority

2-18  only if the court finds that the party seeking visitation has rebutted the

2-19  presumption established in subsection 4.

2-20  6.  In determining whether [to grant a right to visitation to a petitioner

2-21  pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the

2-22  presumption established in subsection 4, 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    7.  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.] 6.

3-22    [5.]8.  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 provisions of subsection 2, after the

3-32  eligible person ceases to reside with the child.

3-33    [6.] 9. If a court terminates the parental rights of a parent who is

3-34  divorced or separated, any rights previously granted pursuant to subsection

3-35  1 also must be terminated, unless the court finds , by a preponderance of

3-36  the evidence, that visits by those persons would be in the best interests of

3-37  the child.

3-38    [7.] 10.  For the purposes of this section, “separation” means:

3-39    (a) A legal separation or any other separation of a married couple if the

3-40  couple has lived separate and apart for 30 days or more and has no present

3-41  intention of resuming a marital relationship; or

3-42    (b) If a couple was not legally married but cohabitating, a separation of

3-43  the couple if the couple has lived separate and apart for 30 days or more

3-44  and has no present intention of resuming cohabitation or entering into a

3-45  marital relationship.

3-46    Sec. 2.  The amendatory provisions of this act apply to a petition for

3-47  visitation that is filed on or after the effective date of this act.

 

 

4-1    Sec. 3.  This act becomes effective upon passage and approval.

 

4-2  H