Nevada § 432B.157 - Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence

§ 432B.157. 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 432B.153 , 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 it is not in the best interest of the child for the perpetrator of the domestic

violence to have custody 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. 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. A court, agency, institution or other person who places a child in protective custody

shall not release a child to the custody of a person who a court has determined pursuant

to subsection 1 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 unless: (a) A court determines that it is in the best interest of the child for the perpetrator

of the domestic violence to have custody of the child; or (b) Pursuant to the provisions of subsection 2, the presumption created pursuant to

subsection 1 does not apply to the person to whom the court releases the child. 4. As used in this section, “domestic violence” means the commission of any act described

in NRS 33.018 .