[Rev. 2/10/2015 4:20:04
PM--2014R2]
CHAPTER 125C - CUSTODY AND VISITATION
VISITATION
NRS 125C.010 Order
awarding visitation rights must define rights with particularity and specify
habitual residence of child.
NRS 125C.020 Rights
of noncustodial parent: Additional visits to compensate for wrongful
deprivation of right to visit.
NRS 125C.030 Imprisonment
for contempt for failure to comply with judgment ordering additional visit.
NRS 125C.040 Imprisonment
for contempt: Violation of condition; failure to return when required.
NRS 125C.050 Petition
for right of visitation for certain relatives and other persons.
UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (UNIFORM
ACT)
General Provisions
NRS 125C.0601 Short
title.
NRS 125C.0603 Definitions.
NRS 125C.0605 “Adult”
defined.
NRS 125C.0607 “Caretaking
authority” defined.
NRS 125C.0609 “Child”
defined.
NRS 125C.0611 “Close
and substantial relationship” defined.
NRS 125C.0613 “Court”
defined.
NRS 125C.0615 “Custodial
responsibility” defined.
NRS 125C.0617 “Decision-making
authority” defined.
NRS 125C.0619 “Deploying
parent” defined.
NRS 125C.0621 “Deployment”
defined.
NRS 125C.0623 “Family
member” defined.
NRS 125C.0625 “Limited
contact” defined.
NRS 125C.0627 “Nonparent”
defined.
NRS 125C.0629 “Other
parent” defined.
NRS 125C.0631 “Record”
defined.
NRS 125C.0633 “Return
from deployment” defined.
NRS 125C.0635 “Service
member” defined.
NRS 125C.0637 “State”
defined.
NRS 125C.0639 “Uniformed
service” defined.
NRS 125C.0641 Jurisdiction.
NRS 125C.0643 Notice
required of deploying parent.
NRS 125C.0645 Duty
to notify of change of address.
NRS 125C.0647 General
considerations in custody proceeding of parent’s military service.
Agreement Addressing Custodial Responsibility During
Deployment
NRS 125C.0649 Form
of agreement.
NRS 125C.0651 Nature
of authority created by agreement.
NRS 125C.0653 Modification
of agreement.
NRS 125C.0655 Power
of attorney.
NRS 125C.0657 Filing
agreement or power of attorney with court.
Judicial Procedure for Granting Custodial Responsibility
During Deployment
NRS 125C.0659 Proceeding
for temporary custody order.
NRS 125C.0661 Expedited
hearing.
NRS 125C.0663 Testimony
by electronic means.
NRS 125C.0665 Effect
of prior judicial decree or agreement.
NRS 125C.0667 Grant
of caretaking or decision-making authority to nonparent.
NRS 125C.0669 Grant
of limited contact.
NRS 125C.0671 Nature
of authority created by order.
NRS 125C.0673 Content
of temporary custody order.
NRS 125C.0675 Order
for child support.
NRS 125C.0677 Modifying
or terminating grant of custodial responsibility to nonparent.
Return From Deployment
NRS 125C.0679 Procedure
for terminating temporary grant of custodial responsibility established by
agreement.
NRS 125C.0681 Consent
procedure.
NRS 125C.0683 Visitation
before termination of temporary grant of custodial responsibility.
NRS 125C.0685 Termination
by operation of law of temporary grant of custodial responsibility established
by court order.
NRS 125C.0687 Court
may hold expedited hearing upon motion alleging immediate danger of irreparable
harm.
Miscellaneous Provisions
NRS 125C.0689 Costs
and attorney’s fees.
NRS 125C.0691 Uniformity
of application and construction.
NRS 125C.0693 Relation
to Electronic Signatures in Global and National Commerce Act.
CUSTODY AND VISITATION ORDERS CONCERNING CHILDREN OF MEMBERS
OF MILITARY
NRS 125C.100 Definitions.
[Repealed.]
NRS 125C.105 “Custody
or visitation order” defined. [Repealed.]
NRS 125C.110 “Deployment”
defined. [Repealed.]
NRS 125C.115 “Member
of the military” defined. [Repealed.]
NRS 125C.120 “Parent”
defined. [Repealed.]
NRS 125C.125 “Parent
who received orders for deployment” defined. [Repealed.]
NRS 125C.130 “Temporary
duty” defined. [Repealed.]
NRS 125C.135 Provisions
not applicable to order for protection against domestic violence. [Repealed.]
NRS 125C.140 Jurisdiction
retained during deployment of parent; deployment not basis to assert
inconvenient forum. [Repealed.]
NRS 125C.145 Court
to hold expedited hearing or allow alternative means of presenting testimony
and evidence in certain circumstances. [Repealed.]
NRS 125C.150 Deployment
does not warrant permanent modification of order. [Repealed.]
NRS 125C.155 Expedited
hearing to issue temporary order. [Repealed.]
NRS 125C.160 Temporary
modification of order to accommodate deployment of parent; requirements of
temporary order. [Repealed.]
NRS 125C.165 Expiration
of temporary order upon completion of parent’s deployment; exception.
[Repealed.]
NRS 125C.170 Delegation
of visitation rights to family member of parent to be deployed; termination of such
rights; effect on ability of family member to seek separate visitation order.
[Repealed.]
NRS 125C.175 Limitation
on issuance of final order modifying terms of existing order when parent
receives mandatory order for deployment. [Repealed.]
NRS 125C.180 Costs
and attorney’s fees. [Repealed.]
NRS 125C.185 Requirement
for parents to cooperate and provide information to each other. [Repealed.]
MISCELLANEOUS PROVISIONS
NRS 125C.200 Consent
required from noncustodial parent to remove child from State; permission from
court; change of custody.
NRS 125C.210 Child
conceived as result of sexual assault: Rights of natural father convicted of
sexual assault; rights when father is spouse of victim; rebuttable presumption
upon divorce.
NRS 125C.220 Presumptions
concerning custody and visitation when parent of child is convicted of first
degree murder of other parent of child.
NRS 125C.230 Presumption
concerning custody when court determines that parent or other person seeking
custody of child is perpetrator of domestic violence.
NRS 125C.240 Presumption
concerning custody when court determines that parent or other person seeking
custody of child has committed act of abduction against child or any other
child.
NRS 125C.250 Attorney’s
fees and costs.
_________
VISITATION
NRS 125C.010 Order awarding visitation rights must define rights with
particularity and specify habitual residence of child.
1. Any order awarding a party a right of
visitation of a minor child must:
(a) Define that right with sufficient
particularity to ensure that the rights of the parties can be properly enforced
and that the best interest of the child is achieved; and
(b) Specify that the State of Nevada or the state
where the child resides within the United States of America is the habitual
residence of the child.
Ê The order
must include all specific times and other terms of the right of visitation.
2. As used in this section, “sufficient
particularity” means a statement of the rights in absolute terms and not by the
use of the term “reasonable” or other similar term which is susceptible to
different interpretations by the parties.
(Added to NRS by 1993, 2137; A 1995, 1493, 2289)—(Substituted
in revision for NRS 125A.290)
NRS 125C.020 Rights of noncustodial parent: Additional visits to compensate for
wrongful deprivation of right to visit.
1. In a dispute concerning the rights of a
noncustodial parent to visit his or her child, the court may, if it finds that
the noncustodial parent is being wrongfully deprived of his or her right to
visit, enter a judgment ordering the custodial parent to permit additional
visits to compensate for the visit of which the noncustodial parent was
deprived.
2. An additional visit must be:
(a) Of the same type and duration as the
wrongfully denied visit;
(b) Taken within 1 year after the wrongfully
denied visit; and
(c) At a time chosen by the noncustodial parent.
3. The noncustodial parent must give the
court and the custodial parent written notice of his or her intention to make
the additional visit at least 7 days before the proposed visit if it is to be
on a weekday or weekend and at least 30 days before the proposed visit if it is
to be on a holiday or vacation.
(Added to NRS by 1985, 1892)—(Substituted
in revision for NRS 125A.300)
NRS 125C.030 Imprisonment for contempt for failure to comply with judgment
ordering additional visit.
1. A custodial parent who fails to comply
with a judgment ordering an additional visit may, upon a judgment of the court,
be found guilty of contempt and sentenced to imprisonment in the county jail.
During the period of imprisonment, the court may authorize his or her temporary
release from confinement during such hours and under such supervision as the
court determines are necessary to allow the custodial parent to go to and
return from his or her place of employment.
2. A custodial parent imprisoned for
contempt pursuant to subsection 1 must be released from the jail if the court
has reasonable cause to believe that the custodial parent will comply with the
order for the additional visit.
(Added to NRS by 1985, 1892)—(Substituted
in revision for NRS 125A.310)
NRS 125C.040 Imprisonment for contempt: Violation of condition; failure to return
when required.
1. If a custodial parent is imprisoned for
contempt pursuant to NRS 125C.030 and violates any
condition of that imprisonment, the court may:
(a) Require that the custodial parent be confined
to the county jail for the remaining period of his or her sentence; and
(b) Deny the custodial parent the privilege of a
temporary release from confinement for his or her employment.
2. A custodial parent, imprisoned for
contempt, who fails to return to the jail at the time required by the court
after being temporarily released from confinement for his or her employment,
may be deemed to have escaped from custody and, if so, the custodial parent is
guilty of a misdemeanor.
(Added to NRS by 1985, 1892)—(Substituted
in revision for NRS 125A.320)
NRS 125C.050 Petition for right of visitation for certain relatives and other
persons.
1. Except as otherwise provided in 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 or her parental rights
or his or her parental rights have been terminated,
Ê 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 the child’s
minority.
2. If the child has resided with a person
with whom the child 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 the child’s minority, regardless of
whether the person is related to the child.
3. A party may seek a reasonable right to
visit the child during the child’s 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 the child’s minority only if the court finds that the party seeking
visitation has rebutted the presumption established in subsection 4.
6. In determining whether 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 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 the child’s 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 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 6.
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.
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.
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.
(Added to NRS by 1979, 326; A 1985, 586; 1987, 1193; 1991, 1176; 1999, 726; 2001, 2712)
UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT
(UNIFORM ACT)
General Provisions
NRS 125C.0601 Short title. NRS 125C.0601 to 125C.0693,
inclusive, may be cited as the Uniform Deployed Parents Custody and Visitation
Act.
(Added to NRS by 2013, 762)
NRS 125C.0603 Definitions. As
used in NRS 125C.0601 to 125C.0693,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 125C.0605 to 125C.0639,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 762)
NRS 125C.0605 “Adult” defined. “Adult”
means a person who is at least 18 years of age or an emancipated minor.
(Added to NRS by 2013, 762)
NRS 125C.0607 “Caretaking authority” defined. “Caretaking
authority” means the right to live with and care for a child on a day-to-day
basis, including physical custody, parenting time, right to access and
visitation.
(Added to NRS by 2013, 763)
NRS 125C.0609 “Child” defined. “Child”
means:
1. An unemancipated minor who has not
attained 18 years of age; or
2. An adult son or daughter by birth or
adoption, or under the laws of this State other than NRS
125C.0601 to 125C.0693, inclusive, who is the
subject of an existing court order concerning custodial responsibility.
(Added to NRS by 2013, 763)
NRS 125C.0611 “Close and substantial relationship” defined. “Close and substantial relationship” means a
relationship in which a significant bond exists between a child and a
nonparent.
(Added to NRS by 2013, 763)
NRS 125C.0613 “Court” defined. “Court”
means an entity authorized under the laws of this State other than NRS 125C.0601 to 125C.0693,
inclusive, to establish, enforce or modify a decision regarding custodial
responsibility.
(Added to NRS by 2013, 763)
NRS 125C.0615 “Custodial responsibility” defined. “Custodial
responsibility” is a comprehensive term that includes any and all powers and
duties relating to caretaking authority and decision-making authority for a
child. The term includes custody, physical custody, legal custody, parenting
time, right to access, visitation and the authority to designate limited
contact with a child.
(Added to NRS by 2013, 763)
NRS 125C.0617 “Decision-making authority” defined. “Decision-making
authority” means the power to make important decisions regarding a child,
including decisions regarding the child’s education, religious training, health
care, extracurricular activities and travel. The term does not include
day-to-day decisions that necessarily accompany a grant of caretaking
authority.
(Added to NRS by 2013, 763)
NRS 125C.0619 “Deploying parent” defined. “Deploying
parent” means a service member, who is deployed or has been notified of
impending deployment, and is:
1. A parent of a child under the laws of
this State other than NRS 125C.0601 to 125C.0693, inclusive; or
2. A person other than a parent who has
custodial responsibility of a child under the laws of this State other than NRS 125C.0601 to 125C.0693,
inclusive.
(Added to NRS by 2013, 763)
NRS 125C.0621 “Deployment” defined. “Deployment”
means the movement or mobilization of a service member to a location for more
than 90 days but less than 18 months pursuant to an official order that:
1. Is designated as unaccompanied;
2. Does not authorize dependent travel; or
3. Otherwise does not permit the movement
of family members to that location.
(Added to NRS by 2013, 763)
NRS 125C.0623 “Family member” defined. “Family
member” includes a sibling, aunt, uncle, cousin, stepparent or grandparent of a
child, and a person recognized to be in a familial relationship with a child
under the laws of this State other than NRS 125C.0601
to 125C.0693, inclusive.
(Added to NRS by 2013, 763)
NRS 125C.0625 “Limited contact” defined. “Limited
contact” means the opportunity for a nonparent to visit with a child for a
limited period of time. The term includes authority to take the child to a
place other than the residence of the child.
(Added to NRS by 2013, 763)
NRS 125C.0627 “Nonparent” defined. “Nonparent”
means a person other than a deploying parent or other parent.
(Added to NRS by 2013, 763)
NRS 125C.0629 “Other parent” defined. “Other
parent” means a person who, in common with a deploying parent, is:
1. The parent of a child under the laws of
this State other than NRS 125C.0601 to 125C.0693, inclusive; or
2. A person other than a parent with
custodial responsibility of a child under the laws of this State other than NRS 125C.0601 to 125C.0693,
inclusive.
(Added to NRS by 2013, 763)
NRS 125C.0631 “Record” defined. “Record”
means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form.
(Added to NRS by 2013, 764)
NRS 125C.0633 “Return from deployment” defined. “Return
from deployment” means the conclusion of a service member’s deployment as
specified in uniformed service orders.
(Added to NRS by 2013, 764)
NRS 125C.0635 “Service member” defined. “Service
member” means a member of a uniformed service.
(Added to NRS by 2013, 764)
NRS 125C.0637 “State” defined. “State”
means a state of the United States, the District of Columbia, Puerto Rico and
the United States Virgin Islands, or any territory or insular possession
subject to the jurisdiction of the United States.
(Added to NRS by 2013, 764)
NRS 125C.0639 “Uniformed service” defined. “Uniformed
service” means:
1. Active and reserve components of the
Army, Navy, Air Force, Marine Corps or Coast Guard of the United States;
2. The Merchant Marine, the Commissioned
Corps of the Public Health Service or the Commissioned Corps of the National
Oceanic and Atmospheric Administration of the United States; or
3. The National Guard.
(Added to NRS by 2013, 764)
NRS 125C.0641 Jurisdiction.
1. A court may issue an order regarding
custodial responsibility under NRS 125C.0601 to 125C.0693, inclusive, only if the court has
jurisdiction pursuant to chapter 125A of
NRS. If the court has issued a temporary order regarding custodial
responsibility pursuant to NRS 125C.0659 to 125C.0677, inclusive, the residence of the deploying
parent is not changed by reason of the deployment for the purposes of chapter 125A of NRS during the deployment.
2. If a court has issued a permanent order
regarding custodial responsibility before notice of deployment and the parents
modify that order temporarily by agreement pursuant to NRS
125C.0649 to 125C.0657, inclusive, the
residence of the deploying parent is not changed by reason of the deployment
for the purposes of chapter 125A of NRS.
3. If a court in another state has issued
a temporary order regarding custodial responsibility as a result of impending
or current deployment, the residence of the deploying parent is not changed by
reason of the deployment for the purposes of chapter
125A of NRS.
4. This section does not prohibit the
exercise of temporary emergency jurisdiction by a court under chapter 125A of NRS.
(Added to NRS by 2013, 764)
NRS 125C.0643 Notice required of deploying parent.
1. Except as otherwise provided in subsection
4, and subject to subsection 3, a deploying parent shall notify in a record the
other parent of a pending deployment not later than 7 days after receiving
notice of deployment unless reasonably prevented from doing so by the
circumstances of service. If the circumstances of service prevent such
notification within 7 days, such notification must be made as soon as
reasonably possible thereafter.
2. Except as otherwise provided in
subsection 4, and subject to subsection 3, each parent shall in a record
provide the other parent with a plan for fulfilling that parent’s share of
custodial responsibility during deployment as soon as reasonably possible after
receiving notice of deployment under subsection 1.
3. If an existing court order prohibits
disclosure of the address or contact information of the other parent, a
notification of deployment under subsection 1, or notification of a plan for
custodial responsibility during deployment under subsection 2, may be made only
to the issuing court. If the address of the other parent is available to the
issuing court, the court shall forward the notification to the other parent.
The court shall keep confidential the address or contact information of the
other parent.
4. Notice in a record is not required if
the parents are living in the same residence and there is actual notice of the
deployment or plan.
5. In a proceeding regarding custodial
responsibility between parents, a court may consider the reasonableness of a
parent’s efforts to comply with this section.
(Added to NRS by 2013, 764)
NRS 125C.0645 Duty to notify of change of address.
1. Except as otherwise provided in
subsection 2, a person to whom custodial responsibility has been assigned or
granted during deployment pursuant to NRS 125C.0649
to 125C.0677, inclusive, shall notify the
deploying parent and any other person with custodial responsibility of any
change of mailing address or residence until the assignment or grant is
terminated. The person shall provide the notice to any court that has issued an
existing custody or child support order concerning the child.
2. If an existing court order prohibits
disclosure of the address or contact information of a person to whom custodial
responsibility has been assigned or granted, a notification of change of
mailing address or residence under subsection 1 may be made only to the court
that issued the order. The court shall keep confidential the mailing address or
residence of the person to whom custodial responsibility has been assigned or
granted.
(Added to NRS by 2013, 765)
NRS 125C.0647 General considerations in custody proceeding of parent’s
military service. In a proceeding
for custodial responsibility of a child of a service member, a court may not
consider a parent’s past deployment or possible future deployment in itself in
determining the best interest of the child, but may consider any significant
impact on the best interest of the child of the parent’s past or possible
future deployment.
(Added to NRS by 2013, 765)
Agreement Addressing Custodial Responsibility During
Deployment
NRS 125C.0649 Form of agreement.
1. The parents of a child may enter into a
temporary agreement granting custodial responsibility during deployment.
2. An agreement under subsection 1 must
be:
(a) In writing; and
(b) Signed by both parents and any nonparent to
whom custodial responsibility is granted.
3. An agreement under subsection 1 may:
(a) Identify to the extent feasible the
destination, duration and conditions of the deployment that is the basis for
the agreement;
(b) Specify the allocation of caretaking
authority among the deploying parent, the other parent and any nonparent, if
applicable;
(c) Specify any decision-making authority that
accompanies a grant of caretaking authority;
(d) Specify any grant of limited contact to a
nonparent;
(e) If the agreement shares custodial
responsibility between the other parent and a nonparent, or between two
nonparents, provide a process to resolve any dispute that may arise;
(f) Specify the frequency, duration and means,
including electronic means, by which the deploying parent will have contact
with the child, any role to be played by the other parent in facilitating the
contact and allocation of any costs of communications;
(g) Specify the contact between the deploying
parent and child during the time the deploying parent is on leave or is
otherwise available;
(h) Acknowledge that any party’s existing child
support obligation cannot be modified by the agreement and that changing the
terms of the obligation during deployment requires modification in the
appropriate court;
(i) Provide that the agreement terminates
following the deploying parent’s return from deployment according to the
procedures under NRS 125C.0679 to 125C.0685, inclusive; and
(j) If the agreement must be filed pursuant to NRS 125C.0657, specify which parent shall file the
agreement.
(Added to NRS by 2013, 765)
NRS 125C.0651 Nature of authority created by agreement.
1. An agreement under NRS 125C.0649 to 125C.0657,
inclusive, is temporary and terminates pursuant to NRS
125C.0679 to 125C.0685, inclusive, following
the return from deployment of the deployed parent, unless the agreement has
been terminated before that time by court order or modification of the
agreement under NRS 125C.0653. The agreement
derives from the parents’ custodial responsibility and does not create an
independent, continuing right to caretaking authority, decision-making
authority or limited contact in a person to whom custodial responsibility is
given.
2. A nonparent given caretaking authority,
decision-making authority or limited contact by an agreement under NRS 125C.0649 to 125C.0657,
inclusive, has standing to enforce the agreement until it has been terminated
pursuant to an agreement of the parents under NRS
125C.0653, under NRS 125C.0679 to 125C.0685, inclusive, or by court order.
(Added to NRS by 2013, 766)
NRS 125C.0653 Modification of agreement.
1. The parents may modify an agreement
regarding custodial responsibility made pursuant to NRS
125C.0649 to 125C.0657, inclusive, by mutual
consent.
2. If an agreement is modified under
subsection 1 before deployment of a deploying parent, the modification must be
in writing and signed by both parents and any nonparent who will exercise
custodial responsibility under the modified agreement.
3. If an agreement is modified under
subsection 1 during deployment of a deploying parent, the modification must be
agreed to in a record by both parents and any nonparent who will exercise
custodial responsibility under the modified agreement.
(Added to NRS by 2013, 766)
NRS 125C.0655 Power of attorney. If
no other parent possesses custodial responsibility under the laws of this State
other than NRS 125C.0601 to 125C.0693, inclusive, or if an existing court order
prohibits contact between the child and the other parent, a deploying parent,
by power of attorney, may delegate all or part of custodial responsibility to
an adult nonparent for the period of deployment. The power of attorney is
revocable by the deploying parent through a revocation of the power of attorney
signed by the deploying parent.
(Added to NRS by 2013, 766)
NRS 125C.0657 Filing agreement or power of attorney with court. An agreement or power of attorney made under NRS 125C.0649 to 125C.0655,
inclusive, must be filed within a reasonable period of time with any court that
has entered an existing order on custodial responsibility or child support concerning
the child. The case number and heading of the existing case concerning
custodial responsibility or child support must be provided to the court with
the agreement or power of attorney.
(Added to NRS by 2013, 766)
Judicial Procedure for Granting Custodial Responsibility
During Deployment
NRS 125C.0659 Proceeding for temporary custody order.
1. After a deploying parent receives
notice of deployment and during the deployment, a court may issue a temporary
order granting custodial responsibility unless prohibited by the Servicemembers
Civil Relief Act, 50 U.S.C. Appx. §§ 521-522. A court may not issue a permanent
order granting custodial responsibility without the consent of the deploying
parent.
2. At any time after a deploying parent
receives notice of deployment, either parent may file a motion regarding
custodial responsibility of a child during deployment. The motion must be filed
in an existing proceeding for custodial responsibility of the child with
jurisdiction under NRS 125C.0641 or, if there is
no existing proceeding in a court with jurisdiction under NRS 125C.0641, in a new action for granting
custodial responsibility during deployment.
(Added to NRS by 2013, 766)
NRS 125C.0661 Expedited hearing. If
a motion to grant custodial responsibility is filed before a deploying parent
deploys, the court shall conduct an expedited hearing.
(Added to NRS by 2013, 767)
NRS 125C.0663 Testimony by electronic means. In
a proceeding brought under NRS 125C.0659 to 125C.0677, inclusive, a party or witness who is not
reasonably available to appear personally may appear and provide testimony and
present evidence by electronic means unless the court finds good cause to
require a personal appearance.
(Added to NRS by 2013, 767)
NRS 125C.0665 Effect of prior judicial decree or agreement. In a proceeding for a grant of custodial
responsibility pursuant to NRS 125C.0659 to 125C.0677, inclusive, the following rules apply:
1. A prior judicial order designating
custodial responsibility of a child in the event of deployment is binding on
the court unless the circumstances meet the requirements of the laws of this
State other than NRS 125C.0601 to 125C.0693, inclusive, for modifying a judicial order
regarding custodial responsibility.
2. The court shall enforce a prior written
agreement between the parents for designating custodial responsibility of a
child in the event of deployment, including a prior written agreement executed
under NRS 125C.0649 to 125C.0657,
inclusive, unless the court finds the agreement contrary to the best interest
of the child.
(Added to NRS by 2013, 767)
NRS 125C.0667 Grant of caretaking or decision-making authority to nonparent.
1. On the motion of a deploying parent and
in accordance with the laws of this State other than NRS
125C.0601 to 125C.0693, inclusive, a court
may grant caretaking authority of a child to a nonparent who is an adult family
member of the child or an adult with whom the child has a close and substantial
relationship if it is in the best interest of the child.
2. In determining whether to grant
caretaking authority of a child to a nonparent pursuant to subsection 1, the
court shall consider the following factors:
(a) The love, affection and other emotional ties
existing between the nonparent and the child.
(b) The capacity and disposition of the nonparent
to:
(1) Give the child love, affection and
guidance and serve as a role model to the child;
(2) Provide the child with food, clothing
and other material needs; and
(3) Provide the child with health care or
alternative health care which is recognized and authorized pursuant to the laws
of this State.
(c) The prior relationship between the nonparent
and the child, including, without limitation, whether the child has previously
resided with the nonparent and whether the child was previously included in
holidays or family gatherings with the nonparent.
(d) The moral fitness of the nonparent.
(e) The mental and physical health of the
nonparent.
(f) The reasonable preference of the child if the
child has a preference and if the court determines that the child is of
sufficient maturity to express a preference.
(g) The willingness and ability of the nonparent
to facilitate and encourage a close and substantial relationship between the
child and his or her deploying parent, other parent and family members.
(h) The medical and other health needs of the
child which are affected by the grant of caretaking authority.
(i) The support provided by the nonparent,
including, without limitation, whether the nonparent has contributed to the financial
support of the child.
(j) Any objection by the other parent to the
grant of caretaking authority to a nonparent. In the case of an objection by
the other parent, there is a rebuttable presumption that the grant of
caretaking authority to a nonparent is not in the best interest of the child.
To rebut this presumption, the deploying parent must prove by clear and
convincing evidence that the grant of caretaking authority to the nonparent is
in the best interest of the child.
3. Unless the grant of caretaking
authority to a nonparent under subsection 1 is agreed to by the other parent,
the grant is limited to an amount of time not greater than:
(a) The time granted to the deploying parent in
an existing permanent custody order, except that the court may add unusual
travel time necessary to transport the child; or
(b) In the absence of an existing permanent
custody order, the amount of time that the deploying parent habitually cared
for the child before being notified of deployment, except that the court may
add unusual travel time necessary to transport the child.
4. A court may grant part of the deploying
parent’s decision-making authority for a child to a nonparent who is an adult
family member of the child or an adult with whom the child has a close and
substantial relationship if the deploying parent is unable to exercise that
authority. When a court grants the authority to a nonparent, the court shall
specify the decision-making powers that will and will not be granted, including
applicable health, educational and religious decisions.
(Added to NRS by 2013, 767)
NRS 125C.0669 Grant of limited contact. On
the motion of a deploying parent and in accordance with the laws of this State
other than NRS 125C.0601 to 125C.0693, inclusive, a court shall grant limited
contact with a child to a nonparent who is either a family member of the child
or a person with whom the child has a close and substantial relationship,
unless the court finds that the contact would be contrary to the best interest
of the child.
(Added to NRS by 2013, 768)
NRS 125C.0671 Nature of authority created by order.
1. A grant made pursuant to NRS 125C.0659 to 125C.0677,
inclusive, is temporary and terminates pursuant to NRS
125C.0679 to 125C.0685, inclusive, following
the return from deployment of the deployed parent, unless the grant has been
terminated before that time by court order. The grant does not create an
independent, continuing right to caretaking authority, decision-making
authority or limited contact in a person to whom it is granted.
2. A nonparent granted caretaking
authority, decision-making authority or limited contact under NRS 125C.0659 to 125C.0677,
inclusive, has standing to enforce the grant until it is terminated under NRS 125C.0679 to 125C.0685,
inclusive, or by court order.
(Added to NRS by 2013, 768)
NRS 125C.0673 Content of temporary custody order.
1. An order granting custodial
responsibility under NRS 125C.0659 to 125C.0677, inclusive, must:
(a) Designate the order as temporary; and
(b) Identify to the extent feasible the
destination, duration and conditions of the deployment.
2. If applicable, a temporary order for
custodial responsibility must:
(a) Specify the allocation of caretaking
authority, decision-making authority or limited contact among the deploying
parent, the other parent and any nonparent;
(b) If the order divides caretaking or
decision-making authority between persons, or grants caretaking authority to
one person and limited contact to another, provide a process to resolve any
significant dispute that may arise;
(c) Provide for liberal communication between the
deploying parent and the child during deployment, including through electronic
means, unless contrary to the best interest of the child, and allocate any
costs of communications;
(d) Provide for liberal contact between the
deploying parent and the child during the time the deploying parent is on leave
or is otherwise available, unless contrary to the best interest of the child;
(e) Provide for reasonable contact between the
deploying parent and the child following return from deployment until the
temporary order is terminated, which may include more time than the deploying
parent spent with the child before entry of the temporary order; and
(f) Provide that the order will terminate
following return from deployment according to the procedures under NRS 125C.0679 to 125C.0685,
inclusive.
(Added to NRS by 2013, 769)
NRS 125C.0675 Order for child support. If
a court has issued an order granting caretaking authority under NRS 125C.0659 to 125C.0677,
inclusive, or an agreement granting caretaking authority has been executed
under NRS 125C.0649 to 125C.0657,
inclusive, the court may enter a temporary order for child support consistent
with the laws of this State other than NRS 125C.0601
to 125C.0693, inclusive, if the court has
jurisdiction under NRS 130.0902 to 130.802, inclusive.
(Added to NRS by 2013, 769)
NRS 125C.0677 Modifying or terminating grant of custodial responsibility to
nonparent.
1. Except for an order in accordance with NRS 125C.0665 or as otherwise provided in subsection
2, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appx. §§
521-522, on the motion of a deploying or other parent or any nonparent to whom
caretaking authority, decision-making authority or limited contact has been
granted, the court may modify or terminate a grant of caretaking authority,
decision-making authority or limited contact made pursuant to NRS 125C.0601 to 125C.0693,
inclusive, if the modification or termination is consistent with NRS 125C.0659 to 125C.0677,
inclusive, and the court finds it is in the best interest of the child. Any
modification must be temporary and terminates following the conclusion of
deployment of the deployed parent according to the procedures under NRS 125C.0679 to 125C.0685,
inclusive, unless the grant has been terminated before that time by court
order.
2. On the motion of a deploying parent,
the court shall terminate a grant of limited contact.
(Added to NRS by 2013, 769)
Return From Deployment
NRS 125C.0679 Procedure for terminating temporary grant of custodial
responsibility established by agreement.
1. At any time following return from
deployment, a temporary agreement granting custodial responsibility under NRS 125C.0649 to 125C.0657,
inclusive, may be terminated by an agreement to terminate signed by the
deploying parent and the other parent.
2. The temporary agreement granting
custodial responsibility terminates:
(a) If the agreement to terminate specifies a
date for termination, on that date; or
(b) If the agreement to terminate does not
specify a date, on the date the agreement to terminate is signed by both
parents.
3. In the absence of an agreement to
terminate, the temporary agreement granting custodial responsibility terminates
60 days after the date of the deploying parent’s giving notice to the other
parent of having returned from deployment.
4. If the temporary agreement granting
custodial responsibility was filed with a court pursuant to NRS 125C.0657, an agreement to terminate the
temporary agreement must also be filed with that court within a reasonable
period of time after the signing of the agreement. The case number and heading
of the existing custodial responsibility or child support case must be provided
to the court with the agreement to terminate.
(Added to NRS by 2013, 770)
NRS 125C.0681 Consent procedure. At
any time following return from deployment, the deploying parent and the other
parent may file with the court an agreement to terminate a temporary order for
custodial responsibility issued under NRS 125C.0659
to 125C.0677, inclusive. After an agreement has
been filed, the court shall issue an order terminating the temporary order on
the date specified in the agreement. If no date is specified, the court shall
issue the order immediately.
(Added to NRS by 2013, 770)
NRS 125C.0683 Visitation before termination of temporary grant of custodial
responsibility. Following return
from deployment of a deploying parent until a temporary agreement or order for
custodial responsibility established under NRS
125C.0649 to 125C.0677, inclusive, is
terminated, the court shall enter a temporary order granting the deploying
parent reasonable contact with the child unless it is contrary to the best
interest of the child, even if the time exceeds the time the deploying parent
spent with the child before deployment.
(Added to NRS by 2013, 770)
NRS 125C.0685 Termination by operation of law of temporary grant of custodial
responsibility established by court order.
1. A temporary order for custodial
responsibility issued under NRS 125C.0659 to 125C.0677, inclusive, shall terminate, if no
agreement between the parties to terminate a temporary order for custodial
responsibility has been filed, 60 days after the date of the deploying parent’s
giving notice of having returned from deployment to the other parent and any
nonparent granted custodial responsibility.
2. Any proceedings seeking to prevent
termination of a temporary order for custodial responsibility are governed by
the laws of this State other than NRS 125C.0601
to 125C.0693, inclusive.
(Added to NRS by 2013, 770)
NRS 125C.0687 Court may hold expedited hearing upon motion alleging immediate
danger of irreparable harm. The
court may, upon a motion alleging immediate danger of irreparable harm to the
child, hold an expedited hearing concerning custody or visitation following the
deploying parent’s return from deployment.
(Added to NRS by 2013, 770)
Miscellaneous Provisions
NRS 125C.0689 Costs and attorney’s fees. In
addition to other relief provided by the laws of this State other than NRS 125C.0601 to 125C.0693,
inclusive, if a court finds that a party to a proceeding under NRS 125C.0601 to 125C.0693,
inclusive, has acted in bad faith or intentionally failed to comply with NRS 125C.0601 to 125C.0693,
inclusive, or a court order issued under NRS
125C.0601 to 125C.0693, inclusive, the court
may assess reasonable attorney’s fees and costs of the opposing party and order
other appropriate relief.
(Added to NRS by 2013, 770)
NRS 125C.0691 Uniformity of application and construction. In applying and construing this uniform act,
consideration must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
(Added to NRS by 2013, 771)
NRS 125C.0693 Relation to Electronic Signatures in Global and National
Commerce Act. This act modifies,
limits and supersedes the federal Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede
§ 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of
any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
(Added to NRS by 2013, 771)
CUSTODY AND VISITATION ORDERS CONCERNING CHILDREN OF
MEMBERS OF MILITARY
NRS 125C.100 Definitions. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.105 “Custody or visitation order” defined. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.110 “Deployment” defined. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.115 “Member of the military” defined. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.120 “Parent” defined. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.125 “Parent who received orders for deployment” defined. Repealed. (See chapter 204, Statutes of Nevada
2013, at page 771.)
NRS 125C.130 “Temporary duty” defined. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.135 Provisions not applicable to order for protection against
domestic violence. Repealed. (See
chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.140 Jurisdiction retained during deployment of parent; deployment
not basis to assert inconvenient forum. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.145 Court to hold expedited hearing or allow alternative means of
presenting testimony and evidence in certain circumstances. Repealed. (See chapter 204, Statutes of Nevada
2013, at page 771.)
NRS 125C.150 Deployment does not warrant permanent modification of order. Repealed. (See chapter 204, Statutes of Nevada
2013, at page 771.)
NRS 125C.155 Expedited hearing to issue temporary order. Repealed. (See chapter 204, Statutes of Nevada
2013, at page 771.)
NRS 125C.160 Temporary modification of order to accommodate deployment of
parent; requirements of temporary order. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.165 Expiration of temporary order upon completion of parent’s
deployment; exception. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.170 Delegation of visitation rights to family member of parent to be
deployed; termination of such rights; effect on ability of family member to
seek separate visitation order. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.175 Limitation on issuance of final order modifying terms of
existing order when parent receives mandatory order for deployment. Repealed. (See chapter 204, Statutes of Nevada
2013, at page 771.)
NRS 125C.180 Costs and attorney’s fees. Repealed.
(See chapter 204, Statutes of Nevada 2013, at page 771.)
NRS 125C.185 Requirement for parents to cooperate and provide information to
each other. Repealed. (See chapter
204, Statutes of Nevada 2013, at page 771.)
MISCELLANEOUS PROVISIONS
NRS 125C.200 Consent required from noncustodial parent to remove child from
State; permission from court; change of custody. If
custody has been established and the custodial parent intends to move his or
her residence to a place outside of this State and to take the child with him
or her, the custodial parent must, as soon as possible and before the planned
move, attempt to obtain the written consent of the noncustodial parent to move
the child from this State. If the noncustodial parent refuses to give that
consent, the custodial parent shall, before leaving this State with the child,
petition the court for permission to move the child. The failure of a parent to
comply with the provisions of this section may be considered as a factor if a
change of custody is requested by the noncustodial parent.
(Added to NRS by 1987, 1444; A 1999, 737)—(Substituted
in revision for NRS 125A.350)
NRS 125C.210 Child conceived as result of sexual assault: Rights of natural
father convicted of sexual assault; rights when father is spouse of victim;
rebuttable presumption upon divorce.
1. Except as otherwise provided in
subsection 2, if a child is conceived as the result of a sexual assault and the
person convicted of the sexual assault is the natural father of the child, the
person has no right to custody of or visitation with the child unless the
natural mother or legal guardian consents thereto and it is in the best
interest of the child.
2. The provisions of subsection 1 do not
apply if the person convicted of the sexual assault is the spouse of the victim
at the time of the sexual assault. If the persons later divorce, the conviction
of sexual assault creates a rebuttable presumption that sole or joint custody
of the child by the perpetrator of the sexual assault is not in the best
interest of the child. The court shall set forth findings that any custody or
visitation arrangement ordered by the court adequately protects the child and
the victim of the sexual assault.
(Added to NRS by 1993, 105; A 1995, 331)—(Substituted
in revision for NRS 125A.360)
NRS 125C.220 Presumptions concerning custody and visitation when parent of
child is convicted of first degree murder of other parent of child.
1. The conviction of the parent of a child
for murder of the first degree of the other parent of the child creates a
rebuttable presumption that sole or joint custody of the child by the convicted
parent is not in the best interest of the child. The rebuttable presumption may
be overcome only if:
(a) The court determines that:
(1) There is no other suitable guardian
for the child;
(2) The convicted parent is a suitable
guardian for the child; and
(3) The health, safety and welfare of the child
are not at risk; or
(b) The child is of suitable age to signify his
or her assent and assents to the order of the court awarding sole or joint
custody of the child to the convicted parent.
2. The conviction of the parent of a child
for murder of the first degree of the other parent of the child creates a
rebuttable presumption that rights to visitation with the child are not in the
best interest of the child and must not be granted if custody is not granted
pursuant to subsection 1. The rebuttable presumption may be overcome only if:
(a) The court determines that:
(1) The health, safety and welfare of the
child are not at risk; and
(2) It will be beneficial for the child to
have visitations with the convicted parent; or
(b) The child is of suitable age to signify his
or her assent and assents to the order of the court awarding rights to
visitation with the child to the convicted parent.
3. Until the court makes a determination
pursuant to this section, no person may bring the child into the presence of
the convicted parent without the consent of the legal guardian or custodian of
the child.
(Added to NRS by 1999, 742; A 1999, 2975)
NRS 125C.230 Presumption concerning custody when court determines that parent
or other person seeking custody of child is perpetrator of domestic violence.
1. Except as otherwise provided in NRS 125C.210 and 125C.220,
a determination by the court after an evidentiary hearing and finding by clear
and convincing evidence that either parent or any other person seeking custody
of a child has engaged in one or more acts of domestic violence against the
child, a parent of the child or any other person residing with the child
creates a rebuttable presumption that sole or joint custody of the child by the
perpetrator of the domestic violence is not in the best interest of the child.
Upon making such a determination, the court shall set forth:
(a) Findings of fact that support the
determination that one or more acts of domestic violence occurred; and
(b) Findings that the custody or visitation
arrangement ordered by the court adequately protects the child and the parent
or other victim of domestic violence who resided with the child.
2. If after an evidentiary hearing held
pursuant to subsection 1 the court determines that more than one party has
engaged in acts of domestic violence, it shall, if possible, determine which person
was the primary physical aggressor. In determining which party was the primary
physical aggressor for the purposes of this section, the court shall consider:
(a) All prior acts of domestic violence involving
any of the parties;
(b) The relative severity of the injuries, if
any, inflicted upon the persons involved in those prior acts of domestic
violence;
(c) The likelihood of future injury;
(d) Whether, during the prior acts, one of the
parties acted in self-defense; and
(e) Any other factors that the court deems
relevant to the determination.
Ê In such a
case, if it is not possible for the court to determine which party is the
primary physical aggressor, the presumption created pursuant to subsection 1
applies to each of the parties. If it is possible for the court to determine
which party is the primary physical aggressor, the presumption created pursuant
to subsection 1 applies only to the party determined by the court to be the
primary physical aggressor.
3. As used in this section, “domestic violence”
means the commission of any act described in NRS
33.018.
(Added to NRS by 1999, 742)
NRS 125C.240 Presumption concerning custody when court determines that parent
or other person seeking custody of child has committed act of abduction against
child or any other child.
1. A determination by the court after an
evidentiary hearing and finding by clear and convincing evidence that either
parent or any other person seeking custody of a child has committed any act of
abduction against the child or any other child creates a rebuttable presumption
that sole or joint custody or unsupervised visitation of the child by the
perpetrator of the abduction is not in the best interest of the child. If the
parent or other person seeking custody does not rebut the presumption, the
court shall not enter an order for sole or joint custody or unsupervised
visitation of the child by the perpetrator and the court shall set forth:
(a) Findings of fact that support the
determination that one or more acts of abduction occurred; and
(b) Findings that the custody or visitation
arrangement ordered by the court adequately protects the child and the parent
or other person from whom the child was abducted.
2. For purposes of subsection 1, any of
the following acts constitute conclusive evidence that an act of abduction
occurred:
(a) A conviction of the defendant of any
violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction
that prohibits the same or similar conduct;
(b) A plea of guilty or nolo contendere by the
defendant to any violation of NRS 200.310
to 200.340, inclusive, or 200.359 or a law of any other jurisdiction
that prohibits the same or similar conduct; or
(c) An admission by the defendant to the court of
the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction
that prohibits the same or similar conduct.
3. If, after a court enters a final order
concerning custody of the child, a magistrate determines there is probable
cause to believe that an act of abduction has been committed against the child
or any other child and that a person who has been awarded sole or joint custody
or unsupervised visitation of the child has committed the act, the court shall,
upon a motion to modify the order concerning custody, reconsider the previous
order concerning custody pursuant to subsections 1 and 2.
4. As used in this section, “abduction”
means the commission of an act described in NRS
200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction
that prohibits the same or similar conduct.
(Added to NRS by 2009, 225)
NRS 125C.250 Attorney’s fees and costs. Except
as otherwise provided in NRS 125C.0689, in an
action to determine legal custody, physical custody or visitation with respect
to a child, the court may order reasonable fees of counsel and experts and
other costs of the proceeding to be paid in proportions and at times determined
by the court.
(Added to NRS by 2013, 2956)
