Nevada § 125C.050 - Petition for right of visitation for certain relatives and other persons

§ 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, 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.