AB 262 — Revises provisions relating to the custody of children. (BDR 11-131)

Sec.

NRS(Deleted 125B.210by isamendment.) herebySec. amended to read as follows:

125B.210 1.

Except as otherwise provided in NRS 125B.230, if, in any proceeding where the court has ordered a parent to pay for the support of a [minor] child:

(a) A declaration is signed under penalty of perjury by the person to whom support has been ordered to have been paid stating - *AB262* – 3 – that the obligor-parent is in arrears in payment in a sum equal to or greater than the amount of 30 days of payments;

(b) Notice and opportunity for hearing on an application to the court, an order to show cause, or a notice of motion has been given to the obligor-parent;

and (c) The court makes a finding that good cause has been shown and that there exists one or more of the conditions set forth in NRS 125B.240,  the court shall issue to the obligor-parent an order requiring the obligor-parent to deposit assets to secure future payments of support with a trustee designated by the court and to pay reasonable attorney’s fees and costs to the person to whom support has been ordered.

The court may designate the district attorney, another county officer or any other person as trustee.

2.

Upon receipt of the assets, the trustee designated by the court to receive the assets shall use the money or sell or otherwise generate income from the deposited assets for an amount sufficient to pay the arrearage, administrative costs, any amount currently due pursuant to an order of the court for the care, support, education and maintenance of the [minor] child, interest upon the arrearage, and attorney’s fees, if:

(a) The obligor-parent fails, within the time specified by the court, to cure the default in the payment of the support of a child due at the time the trustee receives the deposited assets, or fails to comply with a plan for payment approved by the court;

(b) Further arrears in payments accrue after the trustee receives not paid current within any 30-day period following the trustee’son is receipt of the assets;

(c) No fewer than 25 days before the sale or use of the assets, written notice of the trustee’s intent to sell or use the assets is served personally on the obligor-parent or is mailed to the obligor-parent by certified mail, return receipt requested;

and (d) A motion or order to show cause has not been filed to stop the use or sale, or if filed, has been denied by the court.

 The sale of assets must be conducted in accordance with the provisions set forth in NRS 21.130 to 21.260, inclusive, governing the sale of property under execution.

3.

To cover the administrative costs of the trustee, the trustee may deduct from the deposited money all actual costs incurred in a sale and 5 percent of each payment made pursuant to subsection 2.

Sec.

If it appears to the court that joint physical - *AB262**AB262_R1* – 42 – custody would be in the best interest of the child, the court may grant physical custody to the parties jointly.

(a) The wishes of the child if the child is [of sufficient age and capacity to form an intelligent preference as to his or her physical determinedcustody.] by11 theyears court through an interview with the child.must be (b) Any nomination of aage guardianor forolder. the child by a parent.

The wishes of the child must be determined by the court through an interview with the child.

(b) Any nomination of a guardian for the child by a parent.

(k) Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the - *AB262**AB262_R1* – 53 – child, a parent of the child or any other person residing with the child.

persons(b) involvedThe inrelative thoseseverity priorof actsthe ofinjuries, domesticif violence;ictedany, inflicted upon the (c)persons Theinvolved likelihoodin those prior acts of futuredomestic injury;violence;

(c) The likelihood of future injury;

A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint physical custody or unsupervised - *AB262**AB262_R1* – 64 – visitation of the child by the perpetrator of the abduction is not in the best interest of the child.

If, after a court enters a final order concerning physical 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 physical custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning physical custody, reconsider the previous order concerning physical custody pursuant to subsections 7 and 8.

NRS(Deleted 125C.0045by isamendment.) herebyH amended- to*AB262_R1* read as follows:

125C.0045 1.

In any action for determining the custody of a minor child, the court may, except as otherwise provided in this section and NRS 125C.0601 to 125C.0693, inclusive, and chapter 130 of NRS:

(a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of the child, make such an - *AB262* – 7 – order for the custody, care, education, maintenance and support of the minor child as appears in his or her best interest;

and (b) At any time modify or vacate its order, even if custody was determined pursuant to an action for divorce and the divorce was obtained by default without an appearance in the action by one of the parties.

 The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection.

The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

2.

Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination.

The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

3.

Any order for custody of a minor child entered by a court of another state may, subject to the provisions of NRS 125C.0601 to 125C.0693, inclusive, and to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

4.

A party may proceed pursuant to this section without counsel.

5.

Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the specific times and other terms of the limited right of custody.

As used in this subsection, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

6.

All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and NRS 125C.0601 to 125C.0693, inclusive, and must contain the following language:

PENALTY FOR VIOLATION OF ORDER:

THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130.

NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, - *AB262* – 8 – guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

8 7.

In addition to the language required pursuant to subsection 6, all orders authorized by this section must specify that the terms of the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.

8.

If a parent of the child lives in a foreign country or has significant commitments in a foreign country:

(a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the terms of the Hague Convention as set forth in subsection 7.

(b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence.

The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning the child to his or her habitual residence if the child is wrongfully removed from or parent has significant commitments in a foreign country does notat a create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

9.

Except where a contract providing otherwise has been executed pursuant to NRS 123.080, and except as otherwise provided in section 1 of this act, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

(a) Upon the death of the person to whom the order was directed;

or (b) When the child reaches 18 years of age if the child is no longer enrolled in high school, otherwise, when the child reaches 19 years of age.

10.

As used in this section, a parent has “significant commitments in a foreign country” if the parent:

(a) Is a citizen of a foreign country;

(b) Possesses a passport in his or her name from a foreign country;

- *AB262* – 9 – (c) Became a citizen of the United States after marrying the other parent of the child;

or (d) Frequently travels to a foreign country.

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