NRS 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.


1.

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 committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:

(a)

Findings of fact that support the determination that one or more acts of abduction occurred; and

(b)

Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.

2.

For purposes of subsection 1, any of the following acts constitute conclusive evidence that an act of abduction occurred:

(a)

A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

(b)

A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct; or

(c)

An admission by the defendant to the court of the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

3.

If, after a court enters a final order concerning custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous order concerning custody pursuant to subsections 1 and 2.

4.

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 this section has engaged in one or more acts of abduction against the child or any other child, unless a court determines that it is in the best interest of the child for the perpetrator of the abduction to have custody of the child.

5.

As used in this section, “abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

Source: Section 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., https://www.­leg.­state.­nv.­us/NRS/NRS-432B.­html#NRS432BSec159.

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.159’s source at nv​.us