[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)