NRS 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.
Ê 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.

Source: Section 432B.157 — Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence., https://www.­leg.­state.­nv.­us/NRS/NRS-432B.­html#NRS432BSec157.

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

Jun. 24, 2021

§ 432B.157’s source at nv​.us