[Rev. 11/21/2013 9:42:06 AM--2013]

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. [Effective January 1, 2014.]

NRS 125C.0603      Definitions. [Effective January 1, 2014.]

NRS 125C.0605      “Adult” defined. [Effective January 1, 2014.]

NRS 125C.0607      “Caretaking authority” defined. [Effective January 1, 2014.]

NRS 125C.0609      “Child” defined. [Effective January 1, 2014.]

NRS 125C.0611      “Close and substantial relationship” defined. [Effective January 1, 2014.]

NRS 125C.0613      “Court” defined. [Effective January 1, 2014.]

NRS 125C.0615      “Custodial responsibility” defined. [Effective January 1, 2014.]

NRS 125C.0617      “Decision-making authority” defined. [Effective January 1, 2014.]

NRS 125C.0619      “Deploying parent” defined. [Effective January 1, 2014.]

NRS 125C.0621      “Deployment” defined. [Effective January 1, 2014.]

NRS 125C.0623      “Family member” defined. [Effective January 1, 2014.]

NRS 125C.0625      “Limited contact” defined. [Effective January 1, 2014.]

NRS 125C.0627      “Nonparent” defined. [Effective January 1, 2014.]

NRS 125C.0629      “Other parent” defined. [Effective January 1, 2014.]

NRS 125C.0631      “Record” defined. [Effective January 1, 2014.]

NRS 125C.0633      “Return from deployment” defined. [Effective January 1, 2014.]

NRS 125C.0635      “Service member” defined. [Effective January 1, 2014.]

NRS 125C.0637      “State” defined. [Effective January 1, 2014.]

NRS 125C.0639      “Uniformed service” defined. [Effective January 1, 2014.]

NRS 125C.0641      Jurisdiction. [Effective January 1, 2014.]

NRS 125C.0643      Notice required of deploying parent. [Effective January 1, 2014.]

NRS 125C.0645      Duty to notify of change of address. [Effective January 1, 2014.]

NRS 125C.0647      General considerations in custody proceeding of parent’s military service. [Effective January 1, 2014.]

 

Agreement Addressing Custodial Responsibility During Deployment

NRS 125C.0649      Form of agreement. [Effective January 1, 2014.]

NRS 125C.0651      Nature of authority created by agreement. [Effective January 1, 2014.]

NRS 125C.0653      Modification of agreement. [Effective January 1, 2014.]

NRS 125C.0655      Power of attorney. [Effective January 1, 2014.]

NRS 125C.0657      Filing agreement or power of attorney with court. [Effective January 1, 2014.]

 

Judicial Procedure for Granting Custodial Responsibility During Deployment

NRS 125C.0659      Proceeding for temporary custody order. [Effective January 1, 2014.]

NRS 125C.0661      Expedited hearing. [Effective January 1, 2014.]

NRS 125C.0663      Testimony by electronic means. [Effective January 1, 2014.]

NRS 125C.0665      Effect of prior judicial decree or agreement. [Effective January 1, 2014.]

NRS 125C.0667      Grant of caretaking or decision-making authority to nonparent. [Effective January 1, 2014.]

NRS 125C.0669      Grant of limited contact. [Effective January 1, 2014.]

NRS 125C.0671      Nature of authority created by order. [Effective January 1, 2014.]

NRS 125C.0673      Content of temporary custody order. [Effective January 1, 2014.]

NRS 125C.0675      Order for child support. [Effective January 1, 2014.]

NRS 125C.0677      Modifying or terminating grant of custodial responsibility to nonparent. [Effective January 1, 2014.]

 

Return From Deployment

NRS 125C.0679      Procedure for terminating temporary grant of custodial responsibility established by agreement. [Effective January 1, 2014.]

NRS 125C.0681      Consent procedure. [Effective January 1, 2014.]

NRS 125C.0683      Visitation before termination of temporary grant of custodial responsibility. [Effective January 1, 2014.]

NRS 125C.0685      Termination by operation of law of temporary grant of custodial responsibility established by court order. [Effective January 1, 2014.]

NRS 125C.0687      Court may hold expedited hearing upon motion alleging immediate danger of irreparable harm. [Effective January 1, 2014.]

 

Miscellaneous Provisions

NRS 125C.0689      Costs and attorney’s fees. [Effective January 1, 2014.]

NRS 125C.0691      Uniformity of application and construction. [Effective January 1, 2014.]

NRS 125C.0693      Relation to Electronic Signatures in Global and National Commerce Act. [Effective January 1, 2014.]

CUSTODY AND VISITATION ORDERS CONCERNING CHILDREN OF MEMBERS OF MILITARY

NRS 125C.100        Definitions. [Effective through December 31, 2013.]

NRS 125C.105        “Custody or visitation order” defined. [Effective through December 31, 2013.]

NRS 125C.110        “Deployment” defined. [Effective through December 31, 2013.]

NRS 125C.115        “Member of the military” defined. [Effective through December 31, 2013.]

NRS 125C.120        “Parent” defined. [Effective through December 31, 2013.]

NRS 125C.125        “Parent who received orders for deployment” defined. [Effective through December 31, 2013.]

NRS 125C.130        “Temporary duty” defined. [Effective through December 31, 2013.]

NRS 125C.135        Provisions not applicable to order for protection against domestic violence. [Effective through December 31, 2013.]

NRS 125C.140        Jurisdiction retained during deployment of parent; deployment not basis to assert inconvenient forum. [Effective through December 31, 2013.]

NRS 125C.145        Court to hold expedited hearing or allow alternative means of presenting testimony and evidence in certain circumstances. [Effective through December 31, 2013.]

NRS 125C.150        Deployment does not warrant permanent modification of order. [Effective through December 31, 2013.]

NRS 125C.155        Expedited hearing to issue temporary order. [Effective through December 31, 2013.]

NRS 125C.160        Temporary modification of order to accommodate deployment of parent; requirements of temporary order. [Effective through December 31, 2013.]

NRS 125C.165        Expiration of temporary order upon completion of parent’s deployment; exception. [Effective through December 31, 2013.]

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. [Effective through December 31, 2013.]

NRS 125C.175        Limitation on issuance of final order modifying terms of existing order when parent receives mandatory order for deployment. [Effective through December 31, 2013.]

NRS 125C.180        Costs and attorney’s fees. [Effective through December 31, 2013.]

NRS 125C.185        Requirement for parents to cooperate and provide information to each other. [Effective through December 31, 2013.]

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. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0603  Definitions. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0605  “Adult” defined. [Effective January 1, 2014.]  “Adult” means a person who is at least 18 years of age or an emancipated minor.

      (Added to NRS by 2013, 762, effective January 1, 2014)

      NRS 125C.0607  “Caretaking authority” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0609  “Child” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0611  “Close and substantial relationship” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0613  “Court” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0615  “Custodial responsibility” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0617  “Decision-making authority” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0619  “Deploying parent” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0621  “Deployment” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0623  “Family member” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0625  “Limited contact” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0627  “Nonparent” defined. [Effective January 1, 2014.]  “Nonparent” means a person other than a deploying parent or other parent.

      (Added to NRS by 2013, 763, effective January 1, 2014)

      NRS 125C.0629  “Other parent” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0631  “Record” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0633  “Return from deployment” defined. [Effective January 1, 2014.]  “Return from deployment” means the conclusion of a service member’s deployment as specified in uniformed service orders.

      (Added to NRS by 2013, 764, effective January 1, 2014)

      NRS 125C.0635  “Service member” defined. [Effective January 1, 2014.]  “Service member” means a member of a uniformed service.

      (Added to NRS by 2013, 764, effective January 1, 2014)

      NRS 125C.0637  “State” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0639  “Uniformed service” defined. [Effective January 1, 2014.]  “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, effective January 1, 2014)

      NRS 125C.0641  Jurisdiction. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0643  Notice required of deploying parent. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0645  Duty to notify of change of address. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0647  General considerations in custody proceeding of parent’s military service. [Effective January 1, 2014.]  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, effective January 1, 2014)

Agreement Addressing Custodial Responsibility During Deployment

      NRS 125C.0649  Form of agreement. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0651  Nature of authority created by agreement. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0653  Modification of agreement. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0655  Power of attorney. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0657  Filing agreement or power of attorney with court. [Effective January 1, 2014.]  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, effective January 1, 2014)

Judicial Procedure for Granting Custodial Responsibility During Deployment

      NRS 125C.0659  Proceeding for temporary custody order. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0661  Expedited hearing. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0663  Testimony by electronic means. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0665  Effect of prior judicial decree or agreement. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0667  Grant of caretaking or decision-making authority to nonparent. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0669  Grant of limited contact. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0671  Nature of authority created by order. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0673  Content of temporary custody order. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0675  Order for child support. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0677  Modifying or terminating grant of custodial responsibility to nonparent. [Effective January 1, 2014.]

      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, effective January 1, 2014)

Return From Deployment

      NRS 125C.0679  Procedure for terminating temporary grant of custodial responsibility established by agreement. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0681  Consent procedure. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0683  Visitation before termination of temporary grant of custodial responsibility. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0685  Termination by operation of law of temporary grant of custodial responsibility established by court order. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      NRS 125C.0687  Court may hold expedited hearing upon motion alleging immediate danger of irreparable harm. [Effective January 1, 2014.]  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, effective January 1, 2014)

Miscellaneous Provisions

      NRS 125C.0689  Costs and attorney’s fees. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0691  Uniformity of application and construction. [Effective January 1, 2014.]  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, effective January 1, 2014)

      NRS 125C.0693  Relation to Electronic Signatures in Global and National Commerce Act. [Effective January 1, 2014.]  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, effective January 1, 2014)

CUSTODY AND VISITATION ORDERS CONCERNING CHILDREN OF MEMBERS OF MILITARY

      NRS 125C.100  Definitions. [Effective through December 31, 2013.]  As used in NRS 125C.100 to 125C.185, inclusive, unless the context otherwise requires, the words and terms defined in NRS 125C.105 to 125C.130, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 796; R 2013, 771, effective January 1, 2014)

      NRS 125C.105  “Custody or visitation order” defined. [Effective through December 31, 2013.]  “Custody or visitation order” means:

      1.  A judgment, decree or order issued by a court of competent jurisdiction in this State which provides for custody or visitation with respect to a child; and

      2.  A judgment, decree or order issued by a court of another state which provides for custody or visitation with respect to a child if the judgment, decree or order has been registered in this State pursuant to NRS 125A.465.

      (Added to NRS by 2011, 796; R 2013, 771, effective January 1, 2014)

      NRS 125C.110  “Deployment” defined. [Effective through December 31, 2013.]  “Deployment” means the transfer or reassignment of a member of the military, unaccompanied by any family member, on active duty status in support of combat or another military operation, including, without limitation, temporary duty. The term does not include annual training of a reserve component of the Armed Forces of the United States or of the National Guard.

      (Added to NRS by 2011, 796; R 2013, 771, effective January 1, 2014)

      NRS 125C.115  “Member of the military” defined. [Effective through December 31, 2013.]  “Member of the military” means a person who is presently serving in the Armed Forces of the United States, a reserve component thereof or the National Guard.

      (Added to NRS by 2011, 797; R 2013, 771, effective January 1, 2014)

      NRS 125C.120  “Parent” defined. [Effective through December 31, 2013.]  “Parent” means a parent or legal guardian of a child under the age of 18 years.

      (Added to NRS by 2011, 797; R 2013, 771, effective January 1, 2014)

      NRS 125C.125  “Parent who received orders for deployment” defined. [Effective through December 31, 2013.]  “Parent who received orders for deployment” means a parent who has received mandatory written orders for deployment and who is awaiting deployment or has been deployed pursuant to those orders.

      (Added to NRS by 2011, 797; R 2013, 771, effective January 1, 2014)

      NRS 125C.130  “Temporary duty” defined. [Effective through December 31, 2013.]  “Temporary duty” means the transfer of a member of the military, unaccompanied by any family member, from a military base to a different location, including, without limitation, another military base, for a limited time to accomplish training or to assist in the performance of a combat mission.

      (Added to NRS by 2011, 797; R 2013, 771, effective January 1, 2014)

      NRS 125C.135  Provisions not applicable to order for protection against domestic violence. [Effective through December 31, 2013.]  The provisions of NRS 125C.100 to 125C.185, inclusive, do not apply to any custody or visitation arrangement requested in a verified application for a temporary or extended order for protection against domestic violence filed pursuant to NRS 33.020.

      (Added to NRS by 2011, 799; R 2013, 771, effective January 1, 2014)

      NRS 125C.140  Jurisdiction retained during deployment of parent; deployment not basis to assert inconvenient forum. [Effective through December 31, 2013.]

      1.  If a court in this State has issued a custody or visitation order, the absence of a child from this State during the deployment of a parent shall be deemed a temporary absence for the purposes of NRS 125A.085 and 125A.135 and this State retains exclusive, continuing jurisdiction as provided in NRS 125A.315.

      2.  The deployment of a parent may not be used as a basis to assert the issue of inconvenient forum pursuant to NRS 125A.365.

      (Added to NRS by 2011, 798; R 2013, 771, effective January 1, 2014)

      NRS 125C.145  Court to hold expedited hearing or allow alternative means of presenting testimony and evidence in certain circumstances. [Effective through December 31, 2013.]

      1.  If the military duties of a parent who received orders for deployment have a material effect on the ability, or anticipated ability, of the parent to appear in person at a regularly scheduled hearing concerning any custody or visitation matters, the court shall, upon a motion of that parent and for good cause shown:

      (a) Hold an expedited hearing;

      (b) Allow the parent who received orders for deployment to present testimony and evidence by affidavit or electronic means; or

      (c) Both hold an expedited hearing pursuant to paragraph (a) and allow testimony and evidence to be presented pursuant to paragraph (b).

      2.  As used in this section, “electronic means” includes, without limitation, telephone, videoconference or the Internet.

      (Added to NRS by 2011, 798; R 2013, 771, effective January 1, 2014)

      NRS 125C.150  Deployment does not warrant permanent modification of order. [Effective through December 31, 2013.]  Deployment or the potential for future deployment must not, by itself, constitute a substantial change in circumstances sufficient to warrant a permanent modification of a custody or visitation order.

      (Added to NRS by 2011, 797; R 2013, 771, effective January 1, 2014)

      NRS 125C.155  Expedited hearing to issue temporary order. [Effective through December 31, 2013.]  If a custody or visitation order has not been issued and a parent’s deployment is imminent, the court shall, upon a motion of either parent, hold an expedited hearing for the purpose of issuing a temporary order establishing the custody and visitation arrangement in accordance with NRS 125C.100 to 125C.185, inclusive.

      (Added to NRS by 2011, 798; R 2013, 771, effective January 1, 2014)

      NRS 125C.160  Temporary modification of order to accommodate deployment of parent; requirements of temporary order. [Effective through December 31, 2013.]

      1.  The court may temporarily modify a custody or visitation order to reasonably accommodate the deployment of a parent. Any such modification by the court of a custody or visitation order shall be deemed a temporary order.

      2.  A temporary order issued pursuant to subsection 1 must:

      (a) Unless the court determines it is not in the best interest of the child, grant the parent who received orders for deployment reasonable custody or visitation during periods of approved military leave if the existing custody or visitation order granted that parent custody or visitation before deployment;

      (b) Include any restrictions concerning custody or visitation set forth in the existing custody or visitation order;

      (c) Specify that deployment is the reason for the modification of the existing custody or visitation order; and

      (d) Require the other parent to provide the court and the parent who received orders for deployment with written notice of any change of his or her address or telephone number as soon as practicable but not later than 30 days after such change.

      3.  In issuing a temporary order pursuant to subsection 1, the court shall consider issuing any such appropriate temporary order as will ensure the ability of the parent who received orders for deployment to maintain frequent and continuing contact with the child by means that are reasonably available.

      (Added to NRS by 2011, 797; R 2013, 771, effective January 1, 2014)

      NRS 125C.165  Expiration of temporary order upon completion of parent’s deployment; exception. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in subsection 2, a temporary order issued pursuant to NRS 125C.160 expires by operation of law upon the completion of the parent’s deployment and the previous custody or visitation order is reinstated.

      2.  The court may, upon a motion alleging immediate danger of irreparable harm to the child, hold an expedited hearing concerning custody or visitation upon the completion of the parent’s deployment.

      (Added to NRS by 2011, 797; R 2013, 771, effective January 1, 2014)

      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. [Effective through December 31, 2013.]

      1.  Upon a motion by the parent who received orders for deployment, the court may delegate his or her visitation rights, or a portion of those rights, to a family member of that parent who has a substantial relationship with the child if the court determines that such delegated visitation is in the best interest of the child.

      2.  In determining whether visitation rights should be delegated to a family member pursuant to subsection 1, the court shall consider the factors set forth in paragraphs (a) to (i), inclusive, of subsection 6 of NRS 125C.050.

      3.  Any visitation rights delegated to a family member pursuant to subsection 1 terminate upon:

      (a) The expiration of a temporary order pursuant to NRS 125C.165; or

      (b) A showing that the delegated visitation is no longer in the best interest of the child.

      4.  Nothing in this section increases the authority of a family member who is delegated visitation rights pursuant to subsection 1 to seek separate visitation rights of the child pursuant to NRS 125C.050.

      (Added to NRS by 2011, 798; R 2013, 771, effective January 1, 2014)

      NRS 125C.175  Limitation on issuance of final order modifying terms of existing order when parent receives mandatory order for deployment. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in subsection 2, if a parent who is a member of the military and who has been awarded sole or joint custody or visitation of a child receives mandatory written orders for deployment, the court shall not enter a final order modifying the terms of the existing custody or visitation order until 90 days after the termination of the parent’s deployment.

      2.  If the matter was fully adjudicated by a court before the parent’s deployment, the court may enter such a final order at any time.

      (Added to NRS by 2011, 797; R 2013, 771, effective January 1, 2014)

      NRS 125C.180  Costs and attorney’s fees. [Effective through December 31, 2013.]  In making a determination pursuant to NRS 125C.100 to 125C.185, inclusive, a court may award costs and reasonable attorney’s fees against any parent:

      1.  Who the court determines caused unreasonable delays;

      2.  Who failed to provide any information required pursuant to NRS 125C.100 to 125C.185, inclusive; and

      3.  In such other circumstances as the court deems proper.

      (Added to NRS by 2011, 799; R 2013, 771, effective January 1, 2014)

      NRS 125C.185  Requirement for parents to cooperate and provide information to each other. [Effective through December 31, 2013.]

      1.  If military necessity precludes court adjudication before deployment, the parent who received orders for deployment and the other parent shall cooperate with and provide information to each other in an effort to reach a mutually agreeable resolution with regard to custody and visitation matters.

      2.  Except as otherwise provided in this subsection, the parent who received orders for deployment shall, within 10 days after receiving the orders, provide a copy of the orders to the other parent. If the date of deployment is less than 10 days after receipt of the orders, a copy of the orders must be provided immediately to the other parent.

      (Added to NRS by 2011, 798; R 2013, 771, effective January 1, 2014)

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)