SUMMARY--Makes various changes concerning stepparents and stepchildren. (BDR 11-1130)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to family relationships; authorizing visitation rights for stepparents; providing for child-support payments from stepparents under certain circumstances; allowing a stepchild to inherit from the estate of his stepparent; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 125A.330 is hereby amended to read as follows:
125A.330 1. Except as otherwise provided in subsection 2, if a parent of an unmarried minor child is deceased or divorced or separated from the parent who has custody of the child, or his parental rights have been relinquished or terminated, the district court in the county in which the child resides may grant to any stepparent of the child, and to the grandparents, parents and other children of either parent of the child , a reasonable right to visit the child during his minority, if the court finds that the visits would be in the best interests of the child. In determining whether to grant this right to a petitioner, 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;
(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.
(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.
(h) The medical and other needs of the child related to health as affected by the visitation.
(i) Any other factor considered relevant by the court to a particular dispute.
2. 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 any stepparent of the child, and to the grandparents, parents and other children of either parent of the child, a reasonable right to visit the child during his 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 petitioner, the court must find that the visits would be in the best interests of the child in light of the considerations set forth in subsection 1.
3. 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 after a divorce or separation or after the death of the parent to whom the person was related, or upon the relinquishment or termination of a parental right.
4. Termination of the parental rights of a parent who is divorced or separated also terminates any rights previously granted pursuant to subsection 1, unless the court finds that visits by those persons would be in the best interests of the child.
5. For the purposes of this section, "separation" means 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.
Sec. 2 Chapter 125B of NRS is hereby amended by adding thereto a new section to read as follows:
If a stepparent of a child has been granted the right to visit the child pursuant to NRS 125A.330, the custodial parent of the child may petition the court for an order requiring the stepparent to make payments for the support of the child pursuant to NRS 125B.070 and 125B.080.
Sec. 3 Chapter 134 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in NRS 134.190, a stepchild may inherit from the estate of his stepparent as if he were the natural child of the decedent by order of a court of competent jurisdiction.