NRS 432B.153
Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child.

1.

The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that sole or joint custody of the child by the convicted parent is not in the best interest of the child. The rebuttable presumption may be overcome only if:

(a)

The court determines that:

(1)

There is no other suitable guardian for the child;

(2)

The convicted parent is a suitable guardian for the child; and

(3)

The health, safety and welfare of the child are not at risk; or

(b)

The child is of suitable age to signify his or her assent and assents to the order of the court awarding sole or joint custody of the child to the convicted parent.

2.

The conviction of the parent of a child for murder of the first degree of the other parent of the child creates a rebuttable presumption that rights to visitation with the child are not in the best interest of the child and must not be granted if custody is not granted pursuant to subsection 1. The rebuttable presumption may be overcome only if:

(a)

The court determines that:

(1)

The health, safety and welfare of the child are not at risk; and

(2)

It will be beneficial for the child to have visitations with the convicted parent; or

(b)

The child is of suitable age to signify his or her assent and assents to the order of the court awarding rights to visitation with the child to the convicted parent.

3.

Until the court makes a determination pursuant to this section, no person may bring the child into the presence of the convicted parent without the consent of the legal guardian or custodian of the child.

Source: Section 432B.153 — Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child., https://www.­leg.­state.­nv.­us/NRS/NRS-432B.­html#NRS432BSec153.

432B.010
Definitions. 432B.020
“Abuse or neglect of a child” defined. 432B.030
“Agency which provides child welfare services” defined. 432B.035
“Central Registry” defined. 432B.040
“Child” defined. 432B.042
“Child protective services” defined. 432B.044
“Child welfare services” defined. 432B.050
“Court” defined. 432B.060
“Custodian” defined. 432B.065
“Division of Child and Family Services” defined. 432B.066
“Gender identity or expression” defined. 432B.067
“Indian child” defined. 432B.068
“Indian Child Welfare Act” defined. 432B.069
“Information maintained by an agency which provides child welfare services” defined. 432B.070
“Mental injury” defined. 432B.080
“Parent” defined. 432B.090
“Physical injury” defined. 432B.100
“Sexual abuse” defined. 432B.110
“Sexual exploitation” defined. 432B.121
Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.” 432B.130
Persons responsible for child’s welfare. 432B.135
Child in custody of agency which provides child welfare services deemed homeless in certain circumstances. 432B.140
Negligent treatment or maltreatment. 432B.150
Excessive corporal punishment may constitute abuse or neglect. 432B.153
Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child. 432B.157
Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence. 432B.159
Presumption concerning custody and visitation when parent or other person seeking custody of child is perpetrator of any act of abduction against the child. 432B.160
Immunity from civil or criminal liability 432B.163
Authority of agency which provides child welfare services to provide services to pupils and staff of school that experiences crisis, emergency or suicide. 432B.165
Authority of agency which provides child welfare services and other entities to provide information to assist in locating a missing child 432B.170
Authority of agency which provides child welfare services to share information with state or local agencies. 432B.172
Agency which provides child welfare services required to treat child in accordance with gender identity or expression 432B.174
Normalcy for Foster Youth Account 432B.175
Availability of data or information regarding fatality or near fatality of child who is subject of report of abuse or neglect 432B.178
Director of Department of Health and Human Services authorized to create interagency committee to evaluate child welfare system in this State 432B.0655
“Fetal alcohol spectrum disorder” defined.
Last Updated

Feb. 5, 2021

§ 432B.153’s source at nv​.us