Assembly Bill No. 435–Assemblymen Gustavson, Angle, Knecht, Brown, Chowning, Goicoechea, Grady and Hettrick (by request)

 

March 17, 2003

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Joint Sponsor: Senator Nolan

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Referred to Committee on Judiciary

 

SUMMARY—Requires courts that issue or modify orders that award custody of children to issue detailed parenting plans. (BDR 11‑1143)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to children; requiring a court that issues or modifies an order awarding custody of a minor child to issue a parenting plan in conjunction with its order; establishing certain requirements for the contents of parenting plans; requiring parenting plans to establish the rights and responsibilities of parents with sufficient particularity to ensure that the rights and responsibilities can be properly enforced; authorizing parents to submit proposed parenting plans; requiring judges to consider the best interest of the child in determining the content of parenting plans; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

 

2-1  Section 1. Chapter 125 of NRS is hereby amended by adding

2-2  thereto a new section to read as follows:

2-3  1.  A court that issues an order awarding custody of a minor

2-4  child or modifying an existing order shall, in conjunction with its

2-5  order, issue a parenting plan.

2-6  2.  A parenting plan may include any provision that the court

2-7  determines will:

2-8  (a) Affect the physical or emotional health or the well-being of

2-9  the child; or

2-10      (b) Facilitate a meaningful, ongoing relationship between a

2-11  parent and the child.

2-12      3.  A parenting plan must include provisions that:

2-13      (a) Designate one parent as the custodian of the child for

2-14  purposes of jurisdiction or venue, or where designation of a

2-15  custodian is required by law. This designation does not affect the

2-16  rights or responsibilities of a parent under the parenting plan.

2-17      (b) Establish a detailed residential schedule for the child,

2-18  specifying the periods during which the child will reside with each

2-19  parent, including provisions for holidays, birthdays of the child

2-20  and other family members, vacations, and other special occasions.

2-21  The schedule must specify the responsibility of a parent for the

2-22  transportation of the child. The schedule must set forth the

2-23  obligations of a parent in response to a disruption in the schedule

2-24  caused by unexpected or unforeseeable circumstances.

2-25      (c) Declare that responsibility for day-to-day decisions

2-26  concerning the child is vested in the parent with whom the child is

2-27  residing at the time and that any parent may make a decision in an

2-28  emergency situation that affects the health or safety of the child.

2-29      (d) Allocate responsibility between the parents for nonroutine

2-30  decisions regarding:

2-31          (1) The education of the child;

2-32          (2) The health care and other physical needs of the child;

2-33          (3) The spiritual development of the child; and

2-34          (4) Critical events in the life of the child, including, without

2-35  limitation, the child’s:

2-36              (I) Marriage;

2-37              (II) Obtaining a driver’s license; and

2-38              (III) Enlistment in the armed services.

2-39      (e) Establish clear guidelines to regulate how parents may

2-40  communicate with each other and with the child.

2-41      (f) Require parents to exchange records and other information

2-42  regarding the child.

2-43      (g) Require the review of the parenting plan if requested by a

2-44  parent or the child, or upon the occurrence of particular events,

3-1  including, without limitation, attainment by the child of a certain

3-2  age or a change in the residence of the child.

3-3  (h) Mandate methods, other than court action, by which future

3-4  disputes concerning the child will be resolved between the parents.

3-5  Such methods may include, without limitation, mediation,

3-6  arbitration and counseling.

3-7  (i) Set forth the sanctions that the court may apply if a parent

3-8  fails to follow the terms of the parenting plan.

3-9  4.  Each provision included in a parenting plan must define

3-10  the rights or responsibilities of a parent with sufficient

3-11  particularity to ensure that the rights or responsibilities can be

3-12  properly enforced and that the best interest of the child is

3-13  achieved. As used in this subsection, “sufficient particularity”

3-14  means a statement of the rights or responsibilities in absolute

3-15  terms and not by the use of the term “reasonable” or other similar

3-16  term which is susceptible to different interpretations by the

3-17  parents.

3-18      5.  The parents may jointly submit a proposed parenting plan

3-19  to the court or, if the parents are unable to agree, each parent may

3-20  submit a proposed plan. The court shall determine the final

3-21  content of the parenting plan. In determining the content of a

3-22  parenting plan, the sole consideration of the court is the best

3-23  interest of the child.

3-24      6.  As used in this section, “parent” includes a legal guardian

3-25  or other person who exercises parental responsibilities.

 

3-26  H