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 under certain circumstances; 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 Chapter 125A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2 As used in NRS 125A.290 to 125A.340, inclusive, and sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3 "Separation" means a legal separation or any other separation of a married couple if the couple have lived separate and apart for 30 days or more and have no present intention of resuming a marital relationship.
Sec. 4 "Stepparent" means a person:
1. Who is or was married to a natural or adoptive parent of a child; and
2. Who is not a natural or adoptive parent of the child.
Sec. 5 1. A stepparent of an unmarried minor child may petition the district court in the county in which the child resides to grant the stepparent a reasonable right to visit the child during the minority of the child if:
(a) The parent of the child died while married to the stepparent, and the parent of the child had custody of the child while married to the stepparent; or
(b) The parent of the child is divorced or separated from the stepparent, and the parent of the child:
(1) Had custody of the child while married to the stepparent; and
(2) Has custody of the child when the petition is filed.
2. If a stepparent files a petition pursuant to subsection 1, a copy of the petition must be served upon:
(a) The parent who is divorced or separated from the stepparent;
(b) Any other person or officer of an institution having care, custody or control of the child; and
(c) The child, if he is 14 years of age or older.
3. Except as otherwise provided in subsection 4, the court may grant a stepparent a reasonable right to visit a child only if, after considering the factors listed in subsection 1 of NRS 125A.330, the court finds that visitation would be in the best interests of the child.
4. If a child is 16 years of age or older, the court shall grant a stepparent a reasonable right to visit the child if, after a petition is filed pursuant to subsection 1, the child appears before the court and requests the court to grant the stepparent the right to visit the child. The court shall set specific times and any other terms for visitation.
Sec. 6 If the court grants a stepparent a reasonable right to visit a child pursuant to section 5 of this act, the court:
1. Shall terminate the right to visit the child if the stepparent petitions the court for termination and serves the petition upon:
(a) The parent who is divorced or separated from the stepparent;
(b) Any other person or officer of an institution having care, custody or control of the child; and
(c) The child, if he is 14 years of age or older.
2. Shall terminate the right to visit the child if the child is 16 years of age or older and the child requests the court to terminate the right to visit the child. The stepparent must be provided with notice of the request to terminate the right to visit the child, but the stepparent is not entitled to an opportunity to be heard.
3. May terminate the right to visit the child, regardless of the age of the child, upon its own motion or upon a petition by the parent or a legal representative of the child if the court finds that termination of the right to visit the child would be in the best interests of the child. The stepparent must be provided with notice and an opportunity to be heard before the court terminates the right to visit the child pursuant to this subsection.
Sec. 7 1. If the parent of a child is divorced or separated from a stepparent and the stepparent files a petition for a reasonable right to visit the child pursuant to section 5 of this act, the parent may petition the court for an order requiring the stepparent to make payments for the support of the child.
2. The parent may file a petition for support pursuant to subsection 1:
(a) While the petition by the stepparent for a reasonable right to visit the child is pending; or
(b) At any time after the right to visit the child has been granted to the stepparent.
3. If the court grants the stepparent the right to visit the child, the court may order the stepparent to make reasonable payments for the support of the child. The amount of the payments must be reasonably related to the frequency and the duration of the visitation between the stepparent and the child.
4. The obligation of the stepparent to make payments for the support of the child:
(a) May be modified or terminated by the court upon changed circumstances; and
(b) Terminates if the right to visit the child is terminated pursuant to sections 5 to 9, inclusive, of this act.
5. The court may suspend or terminate the right to visit the child if the stepparent fails to make any payments that are ordered pursuant to this section.
6. The provisions of subsections 4 and 5 do not affect the obligation of the stepparent to make any payments which are ordered pursuant to this section and which are in arrears.
7. The parent who is divorced or separated from the stepparent may recover from the stepparent any payments which are ordered pursuant to this section and which are in arrears by:
(a) Obtaining a judgment for the unpaid amount from the court; and
(b) Except as otherwise provided in subsection 8, enforcing the judgment pursuant to the provisions of law that apply to civil judgments.
8. An order of support issued pursuant to this section shall not be deemed to be an order of support issued to a parent of a child, and a stepparent is not subject to the provisions of law that apply specifically to orders of support issued to a parent of a child, including, but not limited to, the provisions of:
(a) Chapters 31A, 125B, 130 and 425 of NRS; and
(b) Subsections 3 and 4 of NRS 31.295, NRS 201.020 to 201.080, inclusive, and 612.457.
Sec. 8 1. A stepparent may include in a petition filed pursuant to section 5 of this act a request that the court designate the child as an heir of the stepparent for the purposes of intestate succession pursuant to section 12 of this act. If the court grants the stepparent the right to visit the child, the court shall grant the request of the stepparent if the court finds that designating the child as an heir of the stepparent for the purposes of intestate succession would be in the best interests of the child.
2. The designation of a child as an heir of a stepparent for the purposes of intestate succession pursuant to this section does not affect the validity or the operation of a will, living trust, deed, contract of insurance or other written instrument relating to the distribution of the estate of the stepparent, whether or not the will, living trust, deed, contract of insurance or other written instrument is executed by the stepparent before or after the child is designated as an heir of the stepparent for the purposes of intestate succession.
Sec. 9 The provisions of sections 5 to 9, inclusive, of this act must not be construed to impair the parental rights or affect the parental obligations of a parent of a child.
Sec. 10 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 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 the grandparents, parents and other children of either parent 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. 11 NRS 127.171 is hereby amended to read as follows:
127.171 1. In a proceeding for the adoption of a child, the court may grant a reasonable right to visit [to certain] the child to:
(a) Certain relatives of the child only if a similar right had been granted previously pursuant to NRS 125A.330.
(b) A stepparent of the child only if a similar right had been granted previously pursuant to section 5 of this act.
2. The court may not grant a right to visit the child to any person other than as specified in subsection 1.
Sec. 12 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 child may inherit from the estate of a stepparent as if the child were a natural child of the stepparent if, before the stepparent dies, the child is designated as an heir of the stepparent for the purposes of intestate succession pursuant to section 8 of this act.