Petition for right of visitation for certain relatives and other persons.
Except as otherwise provided in subsection 3, if a parent of an unmarried minor child:
(1) Is deceased;
(2) Is divorced or separated from the parent who has custody of the child;
(3) 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
(4) Has relinquished his parental rights or his 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 his minority, if the court finds that the visits would be in the best interests of the child.
If the child has resided with a person with whom he has established a meaningful relationship, the court also may grant to that person a reasonable right to visit the child during his minority, regardless of whether the person is related to the child, if the court finds that the visits would be in the best interests of the child.
In determining whether to grant a right to visitation to a petitioner pursuant to subsection 1 or 2, the court shall consider:
(1) The love, affection and other emotional ties existing between the party seeking visitation and the child.
(2) The capacity and disposition of the party seeking visitation to:(a) Give the child love, affection and guidance and serve as a role model to the child;(3) 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.
(b) Cooperate in providing the child with food, clothing and other material needs during visitation; and
(c)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.
(4) The moral fitness of the party seeking visitation.
(5) The mental and physical health of the party seeking visitation.
(6) 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.
(7) 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.
(8) The medical and other needs of the child related to health as affected by the visitation.
(9) The support provided by the party seeking visitation, including, without limitation, whether the party has contributed to the financial support of the child.
(10) Any other factor considered relevant by the court to a particular dispute.
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 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 3.
Rights to visit a child may be granted:
(1) In a divorce decree;
(2) In an order of separate maintenance; or
(3) Upon a petition filed by an eligible person:(a) After a divorce or separation or after the death of a parent, or upon the relinquishment or termination of a parental right;
(b) 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
(c) If the petition is based on the provisions of subsection 2, after the eligible person ceases to reside with the child.
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 that visits by those persons would be in the best interests of the child.
For the purposes of this section, “separation” means:
(1) 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
(2) 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.
Title 11, Chap. 125C, NRS 125C.050
(Added to NRS by 1979, 326; A 1985, 586; 1987, 1193; 1991, 1176;
1999, 726)—(Substituted in revision for NRS 125A.330)
